A New Ruling Determined That An Employment Relationship Between Uber and Uber Drivers Does Not Exist (Brazil)
On the 8th of May, 2019, in the case “Artur Soares Neto c/ UBER do Brasil Tecnología Ltda., UBER International B.V. e UBER International Holding B.V”, (Sentencia N° 0011863-62.2016.5.03.0137), rejected the existence of an employment relationship between the claimant and Uber, basing this decision on the fact that the latter does not exercise any sort of control over the “drivers” (Driver-Partner). The arguments underpinning the decision were: (i) the “Driver-Partners’” freedom to choose when to connect to the app; (ii) the possibility to be absent without notifying Uber, as no authorisation is required; (iii) the “Driver-Partners”’ freedom to accept trips; and subsequently, (iv) not to accept or to cancel trips after having accepted them; (v) the route is determined by the “Driver-Partner”; (vi) the ability to use competing apps, meaning there is no exclusivity between the “Driver-Partner” and Uber; (vii) Uber is not a transportation company; (viii) Uber is a platform that connects drivers and passengers.
