The First Panel of the Federal Supreme Court (STF) decided this Tuesday (6) to recognize an employment relationship between an app delivery person and a third-party company that provides services for the iFood platform.
By majority vote, the ministers rejected an appeal by the outsourced company to overturn the decision of the Rio de Janeiro Labor Court that recognized the relationship. According to the lawsuit, the delivery man was required to work a set working day and to work exclusively for the company. Thus, the relationship was established.
During the session, Minister Alexandre de Moraes stated that the specific case being judged has no relation to the Supreme Court’s decisions that rejected the employment relationship between delivery people and delivery and passenger transportation platforms.
According to the minister, the delivery person did not receive direct orders from iFood. The work schedule was established by the outsourced company and there is no proof of any link with iFood.
“In the personal statement, it is very clear that the delivery man had no relationship with iFood. He had a relationship with this company. The Labor Court detailed and understood that there is evidence,” he said.
In addition to Moraes, ministers Cristiano Zanin, Flávio Dino and Cármen Lúcia followed the same understanding.
In December of last year, in cases involving direct links, the First Chamber understood that there is no link with the platforms. The same understanding has already been taken by the plenary in decisions valid for specific cases.
