The Attorney General’s Office demands that Uber and Rappi formalize their drivers in Brazil

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Rio de Janeiro, Nov 8 (EFE) .- The Public Labor Ministry of Brazil filed four complaints on Monday against the Uber, Rappi, 99 and Lalamove platforms so that the Justice forces them to recognize all drivers who use them as formal employees to offer transportation or delivery services.

The Prosecutor’s Office alleges that the mobile transport and delivery applications violate the labor rights of its collaborators and demands that all the guarantees of employees with a formal contract be recognized, such as contributions to social security, vacations, unemployment, Christmas bonuses and hours extras and Sunday.

The complaints were presented before the Judicial Court of the state of Sao Paulo but have national application, so, if they are accepted by the Justice, they will benefit the drivers of the four platforms throughout the country.

In addition to demanding the recognition of the formal bond of all drivers under penalty of a fine of 10,000 reais (about 1,785.7 dollars) for each worker who is identified in an irregular situation, the Attorney General asks that the accused pay a fine equivalent to 1% of its annual sales to compensate employees for moral damages already caused.

The four complaints are added to another twelve civil proceedings for alleged labor irregularities against the platforms that are already being analyzed by different courts in Brazil.

“We consider that the application sells a product in the consumer market, which is the work of one person (the driver). The only difference between these platforms and the other companies is that the contracting is done digitally on the platform”, alleged the labor attorney Rodrigo Castilho, who coordinates the investigations against the applications since 2016.

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“The law in Brazil is that the employment relationship is recognized when the work of a person is used,” added the attorney, quoted in a statement from the Public Ministry.

According to the Prosecutor’s Office, other applications, such as iFood, Loggi and Cabify, are also in the crosshairs of prosecutors and can also be denounced for considering their collaborators as freelancers and not as formal employees.

Most of the 625 investigations already opened by the Attorney General’s Office throughout Brazil for violations of Labor legislation against at least 14 passenger transport platforms or deliveries are concentrated by Uber, with 230 processes.

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