A New Precedent Affirms That There Is No Employment Relationship Between Uber And Uber Drivers (Brazil)
On the 8th of May, 2019, in the case “Fabio Gil Da Silva vs. Uber do Brasil” (expte. N° 0010148-42.2019.5.03.0181), the Court found that the Uber app is limited to connecting drivers with users, and although Uber conducts checks, inspections and processes payments, the Court decided that these practices were insufficient to undermine the driver’s autonomy in providing the service, and therefore, it was not an employment relationship. It further held that the fact the drivers pay for vehicle-related expenses demonstrates that they individually assume the business risks. Finally, the Court ruled that the platform’s rules of use align with traffic laws and basic societal laws, rather than serving as a means for Uber to manage the drivers’ workforce.
