Brazil: Issued Supreme Court ruling specifying the relationship between intermediary platform and drivers is not of employment (Cabify v Felipe Cassio Vieira Silva)

Description

Issued Supreme Court ruling specifying the relationship between intermediary platform and drivers is not of employment (Cabify v Felipe Cassio Vieira Silva)

On 5 December 2023, the First Panel of the Federal Supreme Court (STF) issued its ruling in the Cabify v Felipe Cassio Vieira Silva case, overturning the decision of the Regional Labor Court (TRT) specifying that the relationship between an intermediary platform and drivers is not of employment. The TRT recognised a direct employment relationship between Cabify and its partner drivers and subjected Cabify to employer obligations. Cabify issued a complaint against this ruling, arguing that the TRT’s decision violated the precedent established by the STF and that their relationship with the drivers did not constitute an employment relationship.

Original source

Scope

Policy Area
Labour law
Policy Instrument
Worker classification or protection regulation
Regulated Economic Activity
platform intermediary: other
Implementation Level
national
Government Branch
judiciary
Government Body
supreme court

Complete timeline of this policy change

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2023-07-20
under investigation

On 20 July 2023, the Brazilian Supreme Federal Court (STF) issued its ruling in the Cabify v Felipe…

2023-12-05
in force

On 5 December 2023, the First Panel of the Federal Supreme Court (STF) issued its ruling in the Cab…