sexta-feira, 3 de fevereiro de 2017

Regional court rules Uber drivers are not employees according to Brazilian law

Bildergebnis für uber logo
UPDATE on February 14th: Another ruling from the same court, on a separate case, has declared that Uber drivers are indeed employees. The matter is still highly controversial.

A Federal judge has ruled, in one specific case, that a Uber drives is not entitled to the benefits of Brazilian labour laws. The ruling was based on the fact that the driver enjoyed a high level of independence and autonomy, not being subject to strict schedules or to direct orders from a boss.

This does not create any enforceable precedent (Brazilian law does not work with court precedents, except on a handfew cases).

However, it is one of the first decisions on the matter and it certainly  will have an impact in future cases, specially in Minas Gerais state, where the court is located.

This has been a total surprise to me. I was betting that the Brazilian courts, which are always over protective of workers, would use this opportunity to extend its claws over Uber and other apps.

I`m glad for being wrong on this matter. Brazil needs a lot more freedom for entrepreneurs.

By the way: I`m not a big fan of Uber`s legal standing in Brazil, generally speaking. But I will leave this topic for another time. 

Nenhum comentário:

Postar um comentário

Do you have any doubts or suggestions? Leave your message (the comments shall not be considered as legal advice)