The official labor reform project envisages a special regulation for delivery and courier workers who use technological platforms, such as: Rappi, Mercado Libre, Order now. This is how he first created the figure of “Independent delivery man“, without employment relationships with the platforms mentioned. It is a sector that has experienced strong growth in recent years.
The text repeatedly makes it clear that this is not an employment relationship, but rather an independent service contract. And that the parties can freely agree on the terms of the contract. In the meantime: “For cases not provided for in this Regulation and its regulations, with regard to the connection between the digital platform and the independent distributor of digital platforms, The provisions of the Civil and Commercial Code of the Nation shall apply in addition.”
So, although a number of obligations of the technology platforms towards delivery people are established, the project states that it is a “Contract for the provision of non-labor services and the “independent delivery person” must be “duly registered with the relevant tax authorities and comply with all its tax and social security obligations and report any change in its tax situation.”
This means that you pay contributions directly to Social Security and ARCA, the details of which are subject to statutory regulation, without employees having their own rights (such as vacation, bonuses, sick leave, etc.).
The delivery person receives one for the tasks carried out “Monetary compensation” (no compensation) from the consumer through the platform through which the messaging services are provided, the official text says.
The project places Taking out personal accident insurance is the responsibility of the platforms “which must take into account in its minimum coverage the risks associated with accidental death, total and/or partial permanent disability, medical and pharmaceutical costs and funeral costs”, but is explained below This insurance will be “no indication of an employment relationship or dependency between the platforms and delivery agents”.. And it points out that “the extension of benefits or the conclusion of additional insurance does not constitute a violation of the provisions of this regulation nor can it be considered an indication of employment.”
The Platforms’ obligations include the project to provide independent delivery drivers with the necessary information to enable them to accept or reject the transport and/or delivery requested by a User, to offer information related to road safety regulations and the provision of the service, and to facilitate access to the applicable road safety elements depending on the type of vehicle.
Additionally, provide and cover the associated costs of “training that details the use of the digital infrastructure, interaction with various users, and any knowledge relevant to the performance of their duties.” And training on road safety aspects with the aim of knowing the traffic rules, the best practices of coexistence on the road and the correct use of the road safety elements necessary for their work.”
Among other things, the rights of the independent delivery person it will be free to connect to each of the platforms through their respective applications, by offering their services on the days and for the duration they deem appropriate and accepting and/or rejecting orders as necessary. You are also free to “define the manner in which you provide the service and”. Decline any requests you receive through the application without being required to provide a reason.
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