The 3rd Panel of the TST Superior Labor Court formed a majority this Wednesday 15 to recognize the employment relationship of application drivers with companies that provide the service
Two of the three ministers that make up the collegiate Maurício Godinho Delgado rapporteur on the case and Alberto Bresciani voted in the sense that drivers have the right to be considered employees of the companies.
The trial was not concluded due to a request for views by Minister Alexandre Agra Belmonte Despite the majority in favor of the recognition of the bond the understanding of the 3rd Panel can be changed if one of the ministers who has already voted wants to change the vote
Today these professionals are treated as selfemployed and do not have access to the rights provided for in the CLT Consolidation of Labor Laws such as vacations 13th salary and FGTS Guarantee Fund for Length of Service.
It wasnt the first time that a TST board has ruled on a lawsuit questioning whether transport applications should treat drivers as employees but the Court had yet to reach a decision favorable to drivers On previous occasions the 4th and 5th Panels of the TST for example understood that there is no employment relationship between the parties Thus it is likely that the topic will be taken to the plenary of the Court so that there is a single decision.
In the case in question the 3rd Panel analyzed an appeal filed by a Uber driver after 1st and 2nd instance courts denied that he should have a recognized employment relationship with the company.
In his vote Minister Maurício Godinho Delgado criticized the exaggerated control of companies that manage transport applications over drivers Its a very intelligent business system admirable but one that doesnt escape on the contrary sophisticated subordination he said.