It Is Reiterated That There Is No Employment Relationship Between Uber and Uber Drivers (Brazil)
On the 8th of May, 2019, in the case “Eutalio Barcelos Camargo vs. Uber do Brasil”, (expte. N° 0010159-65.2019.5.03.0183), the Court held that the drivers; ability to choose the geographic area in which to provide their services, and the freedom to decide their work schedules and hours, among other examples, were incompatible with the requirement of subordination that pertains to an employment relationship. It found that incentive messages sent to drivers to encourage platform use do not, under any circumstances, amount to the issuance of orders. Similarly, it concluded that deactivating a driver’s account due to inactivity is not equivalent to an employer’s disciplinary power, but rather serves the purpose of ensuring a better - and more profitable - service.
