The Superior Labour Court of Brazil Confirms That There Is No Employment Relationship Between Uber And Uber Drivers (Brazil)
On the 8th of May, 2019, in the case “Marcio Vieira Jacob – Uber do Brasil Tecnologia Ltda. e outros”, (expte. N° TST-RR-1000123-89.2017.5.02.0038), the Court concluded that no employment or dependent relationship existed between Uber and its drivers due to the lack of subordination, an essential characteristic of employment. It based its decision on the fact that drivers retain flexibility regarding the fares they accept and the number of clients they serve. As such, the Court held that Uber acts as a partner rather than an employer, since the drivers receive between 75% and 80% of the total fare. The ruling classified drivers as independent contractors.
