Brazil: Senate considering bill giving intermittent worker status to platform-based drivers and delivery drivers

Brazil’s Senate is currently considering a bill that would provide for digital platform-based drivers to come within the country’s ‘intermittent work’ legislation, and thus be covered by the labour code (CLT, Consolidação das Leis do Trabalho). The legislative text has been designed with ride-hail drivers (Uber, 99 Taxi, Cabify, Buser…) and consumer goods/meal delivery drivers (e.g. the very popular iFood, Rappi, and Loggi brands) in mind. The bill also provides that employers will have to pay the full cost of insurance for personal injury and the vehicle. Additionally, they would be unable to avoid having to pay compensation for fault. According to the bill’s senator-rapporteur, some 1.1 million workers could result in having better access to their rights by no longer being considered as ‘self-employed’ (provision of services), and instead be considered as in a contractual relationship. Since it was set up in 2017 the central CUT trade union has been opposed to the ‘intermittent worker’ status, and it has been critical of a bill that does not solve the precarious situation drivers are experiencing. Indeed, this ‘intermittent’ status does not give workers the right to a guaranteed minimum monthly salary, paid holidays, overtime payments, and other benefits that most salaried workers enjoy. The CUT however does support other bills, currently being discussed in the Chamber of Deputies, which contain more comprehensive guarantees for the recognition of drivers’ rights.