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In a city that never sleeps, where drivers and delivery people appear on every corner ready to respond to a notification, app workers are the embodiment of 99st century agility. But behind every quick delivery and last-minute rush, there is a question as complex as a legal maze: after all, who are these professionals? Self-employed? Employees? Or a new category that challenges the very concept of employment relationships? With this topic increasingly on the agenda, lawyers and legislators are seeking solutions that bring security and clarity to professionals who, among Uber, XNUMX and iFood, drive the country's digital economy.
Lawyer Marcela Carvalho Bocayuva, a labor law specialist and founding partner of the law firm Bocayuva & Advogados Associados, explains that Brazilian labor laws were designed for a scenario that is very different from the current one, with roots in the Industrial Revolution. “This legislation was created for workers with fixed working hours and a fixed work location, which does not correspond to the reality of these new app workers,” says Bocayuva, who is also the coordinator of the National School of Magistracy.
According to data from the Brazilian Institute of Geography and Statistics (IBGE), in 2022, Brazil had about 1,5 million people who identified themselves as “platform workers”. Of this total, 47,2% worked in private passenger transport and 39,5% in the delivery sector. Although the average income of these professionals reached R$2.645 in the last quarter of 2022, with the South recording the highest average earnings, the legal classification of these professionals remains shrouded in uncertainty.
Millions of app workers at Uber, 99 and iFood
For Bocayuva, the rapid expansion of digital platforms, such as Uber, 99 and iFood, which usually classify these workers as self-employed, poses a significant challenge to the law. “The platforms bring together the supply and demand of services, but the classification of these workers continues to generate legal controversy. The Superior Labor Court, for example, discusses whether or not these professionals can be considered de facto employees,” he explains.
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The Supreme Federal Court (STF) is also analyzing the issue, assessing constitutional principles such as free enterprise and the free exercise of work. “The idea is to find a balance between the freedom of companies to hire and the necessary protection for those who depend on these platforms as their main source of income,” adds the lawyer.
Bill
In 2024, President Luiz Inácio Lula da Silva took a step toward stronger regulation by sending Congress a bill that aims to classify app drivers as “independent platform workers”. The project proposes the adoption of rights that traditionally apply to employees, such as a working day of up to eight hours (or 12 hours, by collective agreement), a minimum hourly wage and social security guarantees.
However, Bocayuva emphasizes that the road ahead is still long and full of nuances. “Creating legislation that covers all the specificities of these app workers is complex and may not easily adapt to the traditional employment model. Categorizing them as employees may be a solution in some cases, but it is risky to generalize, since many providers may prefer the independent contractor model,” he ponders.
There are concerns about the economic impact on the sector
By classifying them as employees, there may be an increase in the platforms’ operating costs, which tends to be reflected in the prices of services for the end consumer. “However, on the other hand, keeping these workers as self-employed or in an intermediate category can also generate benefits for companies that, in some cases, may seem disproportionate and unequal,” reflects Bocayuva.
The debate on app workers is therefore one of the major issues in the contemporary labor market. Faced with a still unclear scenario, the challenge for legislators and the Judiciary is to offer a solution that meets the needs of workers and companies, but which also guarantees justice and protection in the digital environment.
