The First Panel of the Federal Supreme Court (STF) scheduled for June 16 the judgment on the legality of recognition of an employment relationship between app drivers and platforms. The case will be judged in the virtual plenary of the collegiate, a modality in which the ministers enter the votes in the electronic system and there is no in-person deliberation. The collegiate will decide whether to maintain an injunction from Minister Alexandre de Moraes. The minister annulled a decision by the Labor Court of Minas Gerais that recognized an employment relationship between a driver and the Cabify platform. In Moraes’ understanding, the decision failed to comply with Supreme Court precedents on the matter. For the minister, the relationship between the driver and the company is commercial and is similar to the cases of self-employed transporters. “The joint interpretation of precedents allows the recognition of the lawfulness of other forms of employment relationship other than the employment relationship governed by the CLT, such as in outsourcing itself or in specific cases”, understands the minister. In the process, the platform argued that the drivers’ service does not fit as an employment vehicle. In Cabify’s understanding, the professional drives for registered customers, with no minimum billing requirement or number of trips.
Agência Brasil
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