Will the iFood delivery person have an employment contract? Justice RECOGNIZED!

Historic decision! Justice recognizes employment relationship between delivery driver and iFood, impacting the delivery market. Understand the implications for workers and companies.

Recently, the Court made a decision that could shake the foundations of the food delivery market in Brazil.

In this emblematic case, the Court recognized the employment relationship between a delivery man and the giant in the sector, iFood.

This decision has the potential to influence how delivery app companies treat their employees across the country, and raises crucial questions about employment relationships in the digital age.

iFood and delivery drivers: the verdict that will change the delivery industry. (Credit: @jeanedeoliveirafotografia / pronatec.pro.br).

The decision that shook the delivery sector

The decision of the 13th Labor Court of Fortaleza was not limited to just recognizing the employment relationship.

It also granted the delivery driver several labor rights that were previously denied to many app workers.

These rights include paid notice, vacation with 1/3 of the salary, 13th salary and the Service Time Guarantee Fund (FGTS) with an additional 40%.

Furthermore, the delivery man received compensation for moral damages in the amount of R$5,000, totaling a sentence of R$20,000.

This decision, dated January 16, 2024, sets an important precedent, but it is still subject to appeal.

The clash between delivery drivers and digital platforms

The controversy that led to this decision arose when the delivery man was abruptly blocked from the iFood platform, without justification or opportunity to defend himself.

The delivery man had provided services to iFood for 2 and a half years, from December 2020 to May 2023.

The company claimed that its role was simply to mediate the relationship between restaurants and consumers, arguing that the delivery drivers were independent and could work for competitors.

The legal analysis behind the decision involving the delivery man and iFood

However, judge Vladimir Paes de Castro, responsible for the case, based his decision on a fundamental aspect.

He highlighted that, despite the apparent autonomy of delivery men in accepting orders, iFood was, in practice, responsible for providing the delivery service according to customers’ immediate demand.

Furthermore, the judge highlighted that iFood’s business model differs from traditional forms of sharing economy, such as Airbnb, and that the occasional refusal of deliveries by couriers was not enough to mischaracterize the service provided.

The judge also cited article 452-A, §3 of the Consolidation of Labor Laws (CLT) to support his decision.

The implications for the sector and workers

This decision marks a crucial moment in the discussion about the relationship between delivery app couriers and the companies that employ them.

It sets precedents for other workers to seek recognition of their employment relationships and corresponding rights.

It is clear that, despite the flexibility offered to delivery drivers, the dynamics of work in this sector are under increasingly strict scrutiny from authorities.

In this new scenario, both companies and workers will have to rethink their strategies and business models to adapt to changes in labor laws and court decisions that will shape the future of this constantly evolving sector.

The challenge will be to find a balance between the flexibility that attracts many workers to this type of employment and the recognition of the rights that the Court is determining.

Finally, in a world undergoing constant digital transformation, the relationship between employers and workers is undergoing a significant revolution, and the case of iFood is just one piece of this evolving puzzle.

More about iFood: Learn how to pay iFood orders in installments with Nubank: step by step

Post a Comment

Previous Post Next Post