The Labour Justice has ruled on a Monday (the 27th) that all the shippers that make use of the iFood may not be considered to be employees. With the understanding that it had made in the civil lawsuit of the Public Ministry of Labor (MPT) were found to be groundless.
- You can leave some of the truck drivers set the price for the race in California
- How it works: You can Eats
The agency said in its lawsuit that iFood has a system of “peonage” digital for all the delivery people and called for the hiring of professionals in the scheme, AND, in addition to an award of compensatory damages of$ 24.5 million for damages to the collective . The demand, however, has not been met.
In his decision, judge Shirley, owner of Souza Lobo, Escobar, 37, Stick to the Work of St. Paul, understood that there does not exist an employment relationship between the iFood and the shippers who use the platform. According to her, the relationship must meet certain requirements, which does not occur in this case.
It was pointed out that the lack of the element of individuality, in which the work may be substituted for each other. In addition, he indicated that there are no elements of the above, if an employee responds to a higher, and, for continuity, that is necessary to comply with a timetable, pre-made.
The assessment of the status of couriers is very similar to that of the workers in the salons of beauty, “which, although carrying out the activity-the end of the business, the physical structure is the same, they are not recognized as employees, in the absence of a requirement of the employment contract”.
Also, according to the court, some of the delivery staff to deviate even more from the position of the employee as a result of with the bike. For her, the use of the “means of production”), employees are closer to the figure of the self-employed.
“Left it is demonstrated that the employee offers to work on the day that you choose to work with, starting and finishing the journey at the moment that you decide to choose the gift that you want to do it, and then choosing which app is going to do it,” he said.
When you determine that there is no employment relationship between the iFood and shippers, it was pointed out that this issue needs to be discussed at the conference. “With the improvement of this protection is to be the object of the activity of the legislative,” he said. A civil lawsuit may still be able to go through higher levels.
Loggi has also been thrown in for Justice
The decision on the iFood is taken in the weeks after the Justice to observe an employment relationship between the Loggi, and the shippers who use the service. On the 6th of December to the 8th Pole of the Work of Sao Paulo ruled in a civil lawsuit in the Y’s favour, and ordered the company to pay a compensation of$ 30 million.
On the 20th of December, however, the court of appeals judge Sergio Pinto Martins, the Regional Labor Court of the 2nd Region, has suspended the decision-making. He has served at the request of the company, and it was determined that the previous measure did not take effect until reviewed by the Class by the court.
Information: in the Least.