New Ruling Determines That There Is No Employment Relationship Between Uber And Uber Drivers (Brazil)
On the 8th of May, 2019, in the case “Andre Sales Monteiro de Castro vs. Uber do Brasil”, (expte. N° 0010591-86.2017.5.03.0011), the Court determined that there is no employment relationship between the Uber driver and Uber. Firstly, it held that the services provided by the driver were not part of Uber’s organisational and operational structure. Uber provides an intermediary service by enabling, but without directly engaging in, transportation activity on the platform. For that reason, there is no structural subordination. Secondly, it noted that the driver determines when to start and end their service - in this case, the driver declared that they “had no boss” and used other platforms as well. Finally, the Court explained that Uber’s ability to remove drivers based on user rating did not amount to control over their activities but rather services to uphold quality standards on the digital platform.