O Superior Labor Court (TST) did not form an understanding on whether there is an employment relationship between the Uber and platform partner drivers. Some court groups have already positioned themselves against recognition, while another part has shown itself in favor.
Last week, the Fourth Class of the TST judged that there is no employment relationship between the company and the drivers. The analyzed case refers to an examination of a driver’s appeal from the city of Camboriú, in Santa Catarina (SC).
However, despite this new decision, the court does not have a consensus on the subject, since there are differences between the Panels. The Fourth, Fifth and Eighth Panel of TST magistrates have already positioned themselves against the recognition of bond🇧🇷
On the other hand, there is a precedent from the Third Panel in the sense of the existence of elements that characterize the employment relationship. from towow, this matter will be examined in Subsection I Specialized in Individual Bargains (SDI-1) of the TST.
The SDI-1 is a TST body responsible for standardizing the jurisprudence of Classes and there is no prediction of when the subsection will present its decision on this topic, which is of interest to thousands of Uber drivers spread across Europe.
More than 3,000 decisions by Regional Courts and Labor Courts give Uber an advantage by not recognizing the employment relationship. Even so, the TST took the case to Subsection I Specialized in Individual Disputes to end the divergence.
When uniform jurisprudence comes from the Superior Labor Court, judges across the country will have a north in judging identical cases and involving not only Uber, but other apps that act as intermediaries between workers and customers.
