With the allegation that he provided services to iFood in a subordinate way, a motorcyclist sought recognition of the employment relationship
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With the allegation that he provided services to iFood in a subordinate way, a motorcyclist sought recognition of his employment relationship with the company. He further claimed that he was under continuous and strict controls for carrying iFood.
However, in its defense, iFood stated that the delivery man did not provide services to her, but as a “delivery partner” autonomously. In addition, he argued that the requirements that characterize the employment relationship were absent. Therefore, the decision is still subject to appeal.
In his sentence, the magistrate stated that the labor relationship in question deals with a new business model, where the company uses technology to, in addition to producing goods and services, obtain data from users.
“The employment contract in the form set by the defendant contains obligations that go far beyond the traditional scope of the legal employment relationship, combining not only the provision of services but also the extraction of data”, he highlighted.
In addition, the judge did not accept iFood’s argument that it only intermediated the relationship between the user and the delivery people.
“It is worth mentioning that the mere intermediation of manpower, outside the hypotheses admitted by law, is a practice refuted by jurisprudence”.
What characterized the subordination was “control through the application and the obligations imposed on the author, such as by setting the perceived value for delivery (…), the routes and their tracking”.
According to the magistrate, the provision of services was not done free of charge. In this way, the principle of personhood was covered, since the delivery person’s registration on the platform was an indispensable requirement for the beginning of the bond between the parties. And the non-contingency of the provision of services, due to the nature of the economic activity managed by the company. However, iFood did not comment on the decision.
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