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TST Minister understands that there is an employment relationship at Uber. Trial is suspended

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São Paulo – An issue that is still controversial and without jurisprudence has returned to the Superior Labor Court (TST). This week, Minister Mauricio Godinho Delgado, rapporteur of an appeal filed by a driver, considered that there is an employment relationship between him and Uber. For him, the elements that constitute an employment relationship are present, such as subordination and non-eventuality, among others.

The trial was interrupted last Wednesday (2). That’s because the other two members of the 3rd Panel, Alexandre de Souza Agra Belmonte and Alberto Luiz Bresciani de Fontan Pereira, asked for a view. In the first and second instances (Varas and Regional Court), the decision was favorable to the company.

A similar question came to the TST in February. At the time, a driver from Guarulhos, in Greater São Paulo, claimed registration of a contract with Uber in his wallet and corresponding payments. But, according to the 5th Panel, he had professional autonomy and there was no subordinate relationship.

This is often Uber’s basic argument. According to the company, drivers have the option to choose when and where to work. But according to the website Legal Adviser, the rapporteur of the appeal in the 3rd Panel understood that there are clear orders and guidelines to be followed. There is, he said, a “directive power exercised very efficiently”. He even mentioned a CLT article (6th, single paragraph) that deals with the topic, about legal subordination in the “telematic and computerized means of command”.

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Economy

Unionists protest at Ford dealership against closure

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In Camaçari (BA), where one of the factories is to be deactivated, the Metalworkers Union held an assembly and an ecumenical act. Representatives of the entity participated in meetings in Brasília, in three embassies, looking for people interested in settling in the industrial center. Metallurgists in Taubaté (SP), on the other hand, have kept vigil in front of the factory since the company announced the closure.

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