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Groundbreaking Decision by TRT-4 Recognizes Employment Relationship Between Driver and Uber, Establishing Salary and Labor Rights for a Period of Over Four Years.
A recent decision by the 3rd Panel of the Regional Labor Court of the 4th Region (TRT-4) determined that Uber must register one of its drivers as an employee in the work card (CTPS), with a fixed salary set at R$ 4,500.
According to information from the portal Migalhas, the judgment, delivered unanimously, recognized the employment relationship between the app driver and the company, establishing a provisional compensation amount of R$ 100,000.
The case involved a worker who operated between April 2019 and September 2023, claiming classic labor rights such as vacation, 13th salary, FGTS, and prior notice.
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The decision gains national relevance in light of the legal uncertainties surrounding the relationship between digital platforms and workers in Brazil.
In the process, the driver argued that all legal elements characterizing an employment relationship according to the Consolidation of Labor Laws (CLT) were present: onerousness (payment for the service), personalization (impossibility of substitution by third parties), subordination (control exercised by the platform), and habituality (activity performed frequently and regularly).
According to the worker, the Uber platform controlled central aspects of the job, such as accepting rides and possible sanctions for refusals.
He reported that refusal to answer passenger calls resulted in warnings and the risk of deactivation of access to the application, a fact that, according to the argument, would be equivalent to dismissal.
Another highlighted point was the absence of full autonomy, as the routine was determined by the platform’s rules and algorithms.
Uber’s Arguments to Dismiss Employment Relationship
On the other hand, Uber defended itself by stating that there is no employment relationship, but rather a commercial partnership, in which the driver acts as a self-employed individual.
The company argued that payment is made directly by the app users and that the driver has the freedom to connect and disconnect whenever they wish, as well as the ability to choose their working hours.
In the first instance, the Labor Court accepted Uber’s thesis, not recognizing the employment relationship.
TRT-4 Decision Recognizes Employment Relationship and Labor Rights
However, upon appealing to the TRT-4, the driver received a favorable decision.
The rapporteur, judge Clóvis Fernando Schuch Santos, emphasized that all the requirements of the employment relationship were present, especially subordination to the functioning of the application.
According to the magistrate, Uber controls the driver’s activity, sets rules, monitors the professionals’ routines, and compensates them based on the service provided, evidencing the existence of an employment relationship, even in light of pending discussions in the Supreme Federal Court (STF) and the Superior Labor Court (TST).
The decision mandated that Uber register the driver’s CTPS, ensuring all rights provided for in labor legislation concerning the period of activity.
The monthly compensation of R$ 4,500 was established as a base, including proportional and accrued vacation, 13th salary, prior notice, deposits to the Severance Indemnity Fund (FGTS), and release of unemployment insurance.
National Debate on Employment Relationship in Apps
The judicial recognition of the employment relationship between app drivers and companies like Uber has become the subject of intense debates within the Brazilian judiciary.
The issue is still not settled.
In the STF, the Extraordinary Appeal (RE) 1.446.336, presented by Uber itself, challenges a decision from the Superior Labor Court (TST) that recognized the employment relationship between the platform and a female driver.
According to data presented by the company, more than 10,000 similar cases are pending in different instances of the judiciary.
The center of the debate is to define whether the relationship between digital platforms and drivers should be classified as an employment relationship under the CLT or whether it can be considered a civil/self-employed contract based on service provision and commercial partnership.
The Supreme Federal Court has already established an understanding recognizing the legality of other work formats beyond the CLT, which has generated some divergence with the Labor Court.
While the latter generally adopts a more restrictive position and recognizes the so-called “pejotization” as irregular, the STF has advocated for greater contractual freedom and outsourcing even in core activities.
Impact of the Recognition of Employment Relationship
With the TRT-4 decision, Uber will have to comply with labor obligations typical of Brazilian employers, such as formal registration, payment of charges, and benefits.
For the worker, this means access to rights such as:
- paid vacation
- 13th salary
- FGTS
- unemployment insurance
- prior notice
However, the company may still appeal, and the issue awaits a definitive position from the STF.
Beyond legal aspects, the social and economic impact of these decisions is significant.
Experts warn of possible changes to the business model of digital platforms in Brazil.
The recognition of the relationship could increase the operational costs for these companies, alter the dynamics of the labor market, and influence other sectors that also adopt the logic of apps and on-demand service provision.
International Jurisprudence and Comparisons with Brazil
In other countries, similar decisions have already been discussed.
In the United Kingdom, for example, the Supreme Court decided in 2021 that app drivers should be considered “workers” and thus have access to a series of labor rights.
In Spain, specific legislation recognized app drivers as formal employees of the platforms.
Brazil, however, is still seeking a definitive answer, while the category continues to litigate the matter.
Differences Between CLT, Self-Employed Contract, and Commercial Partnership
The Consolidation of Labor Laws (CLT) establishes rights and duties typical of the employment relationship, such as fixed salary, controlled work hours, and mandatory benefits.
In the self-employed contract, the worker provides services without subordination, having the freedom to define how, when, and where they will act, without guarantees of stability.
The commercial partnership, model defended by the platforms, transfers the risks and autonomy of the business to the worker, removing labor obligations from the company.
Do you agree with the recognition of the employment relationship between app drivers and platforms like Uber?
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