A sentence handed down this Thursday (14) by the 4th Labor Court of São Paulo, which ordered Uber to pay R$1 billion in collective moral damages and to sign the work cards of all drivers, could have consequences. According to Marcelo Crespo, coordinator and professor of the ESPM Law course and specialist in Digital and Criminal Law, this is a worrying legal uncertainty. “The divergence of decisions between the case involving Uber and those related to Ifood, 99, Loggi and Lalamove, all in the context of labor relations on digital platforms, creates uncertainty for both parties involved. The decision reflects a unique interpretation and is at odds with the precedent established by the second instance of the Regional Court of São Paulo since 2017,
For the expert, these divergences can have significant impacts on the definition of the employee or self-employed status of workers who work on these platforms, as well as on the companies’ labor obligations. It is essential that there is clarity and uniformity in legal interpretations to guarantee the protection of workers’ rights and legal certainty for companies.
“Therefore, it is essential that the Judiciary and legislators pay attention to this issue, seeking to establish clear and consistent parameters for working relationships on digital platforms, considering the peculiarities of this new business model. This approach will contribute to greater predictability and fairness in judicial decisions related to work in this constantly evolving sector”, says Crespo.
Marcelo Crespo, coordinator and professor of the ESPM Law course and specialist in Digital and Criminal Law
About ESPM
ESPM is an innovative business school, a Brazilian reference in higher education in the areas of Communication, Marketing, Consumption, Administration, Creative Economy and Technology. Its 12,600 undergraduate and postgraduate students and more than 1,100 employees are distributed across five campuses – two in São Paulo, one in Rio de Janeiro, one in Porto Alegre and one in Florianópolis. Lifelong learning, lifelong learning, excellent teaching and a focus on the market are the foundations of ESPM.
