The government sent a bill to the National Congress to regulate the activity of four-wheel transport app drivers. This proposal includes measures such as collective bargaining between drivers and companies, mandatory Social Security membership and the definition of a minimum wage for the category. Although President Luiz Inácio Lula da Silva signed the project, it will still be subject to analysis and possible changes by deputies and senators. According to recent data from the Brazilian Institute of Geography and Statistics (IBGE), it is estimated that the new law will affect at least 704 thousand four-wheel app drivers.
Another regulation proposed by the Executive is the obligation for companies to inform workers about the criteria for offering travel, scoring, blocking, suspension and exclusion from the platform “in clear and easily understandable language”.
Furthermore, companies will be required to inform the criteria that make up the value of the driver’s remuneration, detailing, in a monthly report, for example, the average value of the hour worked and its comparison with the minimum remuneration established by law.
The text also limits the possibilities for excluding app drivers in cases of “fraud, abuse or misuse of the platform”, guaranteeing the right to defense, in accordance with the rules established in the terms of use and in the platform’s membership contracts.
Currently, drivers do not know what criteria are used for their own assessment, nor how remuneration for work is defined. “Workers on applications are also subject to a strict evaluation, without the right to interfere in the evaluation criteria and without the right to challenge”, informed the Inter-Union Department of Statistics and Socioeconomic Studies (Dieese ).
Collective agreement
If approved, the bill should consolidate collective agreements or conventions as the main negotiating instrument between platforms and drivers. Currently, due to the nature of this relationship mediated by the platform, there is no negotiation table between the parties that allows the presentation of collective demands from the category.
Thus, benefits or rights not provided for in the PL, such as health insurance, life insurance or overtime, may be negotiated in the collective agreement. Furthermore, what is agreed in a collective agreement cannot be undone through individual agreements. Workers must be represented by duly registered unions.
Remuneration
The project also establishes a minimum amount to be paid per hour worked of R$32.90, with R$24.07 to cover work costs (gasoline, internet, vehicle maintenance, etc.) and, therefore, with compensatory nature, and R$8.03 in effective remuneration for the worker.
The project also estimates that the working day will be 8 hours a day or 176 hours a month, reaching a maximum of 12 hours a day. If the driver works 43 hours a week, he will receive, at least, the current value of the minimum wage, R$1,412, excluding short periods to maintain work. This is the minimum value, and the worker can receive more for the hour worked.
The project also prohibits companies from limiting “the distribution of trips when the worker reaches the minimum hourly wage”. Furthermore, the minimum wage adjustment must be adjusted, every year, according to the same rules as the minimum wage adjustment.
Currently, it is estimated that drivers work 48 hours a week, or 9.6 hours a day, receiving, on average, R$2,367, according to IBGE research carried out in the 4th quarter of 2022.
Social Security
Currently, app drivers who want to retire, or access sickness benefit and maternity leave, have to pay the National Social Security Institute (INSS) as an Individual Microentrepreneur (MEI). However, this contribution is not mandatory and it is estimated that only 23% of app drivers pay this contribution, according to the Institute for Applied Economic Research (Ipea).
As MEI, the driver must pay at least 5% of the minimum wage. However, if you choose to pay only this amount, the worker will only be able to retire according to the age-based retirement rules, guaranteeing only an amount equivalent to a minimum wage.
To receive more in the future and be able to retire due to contribution time, you need to pay more. In this case, in addition to the minimum 5%, it is possible to contribute up to 15% of the social security ceiling, according to Sebrae.
“However, in this modality, it is known that there is a high default rate, above 40%”, informs Dieese.
According to the rules set out in the bill, the driver will have to pay 7.5% of the value of his remuneration, set by the bill at, at least, R$8.03 per hour worked. Application companies will have to contribute 20% of the same amount.
According to the rules, all workers will be included in the General Social Security Regime. The mandatory inclusion of all workers in the INSS will entitle them to benefits such as sickness benefit and maternity leave.