Adding workers to each application is a challenge

The inclusion of workers who work through applications in the social protection guaranteed by public authorities constitutes an urgent challenge. Discussion is on the agenda – whether in the STF, with measures demanding an employment relationship between drivers and platforms, or in Congress, with discussions on proposals for legislation on the topic.

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The challenge is to organize activities that involve frequent technological innovations. If the model becomes too expensive, the driver will soon be replaced by a self-driving car – as is already happening in China. It is dangerous to legislate based on specific cases, such as private passenger transport in cars. The regulation becomes outdated in the short term: just a few months ago there was no passenger transportation by motorcycle.

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Regulation should not focus on one type of application. Platforms with more than one service (drivers, deliveries, or ride-hailing bikers) will have one regulated and one unregulated service, and one protected and one unregulated worker. It is unreasonable to issue a new law with every new application. The ideal strategy is a more general organization, including all types of workers, including those belonging to economic sectors that are not yet fully developed. There is a trade-off between detail and comprehensiveness.

As for the legal nature of the occupation, the “CLT versus invasion” opposition is poor and incompetent. This is self-employment that requires social protection that takes into account the risks of the activity and the scale of the digital economy.

The platform must cover the minimum mandatory insurance (from health to repair of work equipment), as well as define its functions taking into account the worker. It must have due process regarding suspensions and exceptions, service channel, and adopt algorithmic transparency standards so that workers can manage their time freely.

It must also bear the majority of the Social Security burden imposed on the worker’s intermittent income (private solutions may be more compatible with this reality). Social protection should start from the small entrepreneur figure created in the tax reform, which provides for a contribution salary of 25% of actual profits. On this basis, there will be a contribution from the worker and one from the platform. It would even be possible to envision other corridors for other activities with lower risks.

It is necessary to ensure that the worker is able to accumulate his contributions to reach the legal minimum, as well as recover more than the maximum contribution. Other issues can be addressed in each segment and will require focused public policies.

Moving away from specific enforcement and short-term solutions, more modern and flexible laws and public policies should promote the social and economic inclusion of a greater number of workers, so that rights are not limited to only those with formal contracts. It is necessary to provide protection for all workers from the present to the future.

*José Roberto Afonso, Economist, Professor at the Brazilian Institute of Education, Development and Research (IDP) and the University of Lisbon and Director of the Brazilian-European Integration Forum, João Paulo Bachor, Lawyer, Master and PhD Coordinator in Constitutional Law at IDP