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- 24/05/23

Minister Alexandre de Moraes invalidates decision that established employment relationship between driver and app

Minister Alexandre de Moraes overturned the decision of the Regional Labor Court of Minas Gerais, which recognized the employment relationship between an app driver and Cabify company. Moraes stated in his decision that the relationship between the driver and the platform resembles that of an independent contractor, in other words, of a commercial nature (as established by Law n. 11,442/2007), and ordered the case to be referred to the Civil Court.

 

After the decision of the Labor Court, Cabify filed a complaint to the Supreme Court through Complaint No. 59,795. In the appeal, the company argues that the decision of the Minas Gerais Labor Court disrespects the precedent set by the Supreme Court, which allowed unrestricted outsourcing of core activities (ADPF 324 and RE 928,252), and that the Court has already recognized other forms of civil contracting beyond the employment relationship established by Article 3 of the Consolidation of Labor Laws..

 

Minister Alexandre de Moraes justified his decision by stating that the Supreme Court has precedents that allow alternative forms of employment relationship, such as unrestricted outsourcing, independent contractors, and partnership contracts between beauty salons and professionals.