Currently without professional regulation, app workers will be able to gain some rights and guarantees later this year, according to the Ministry of Labor and Social Security. The folder informed today (27) that it intends to regulate the services provided by autonomous professionals linked to virtual platforms.
In a note, the folder informed that it is studying a proposal that regulates a type of contract for the category without necessarily characterizing an employment relationship. In this way, application workers would be in a different category from the Consolidation of Labor Laws (CLT), but would have some guarantees, such as payment to Social Security, both by the employer and the professional.
“The proposal must balance the needs of providers, companies and also consumers of these services. The text must meet the demand of the formalization category without necessarily an employment relationship”, the ministry said in a note. “With regard to the payment to Social Security, the objective is to be able to include workers and employers in order to guarantee social security protection to these providers.”
The folder did not say whether it intends to edit a provisional measure or send a bill to Congress. Both instruments depend on the approval of federal deputies and senators, with the difference that a provisional measure has a faster process and enters into force immediately after its publication in the Official Diary of the Union.
By contributing to the National Institute of Social Security (INSS), application workers are entitled to retirement, death pension, disability allowance, among other benefits. The model under study would be similar to those of individual microentrepreneurs, who also contribute to Social Security in a simplified way. The difference is that the proposal of the Ministry of Labor also provides for the employer’s contribution, in this case, the application.
Currently, there is no regulation for per-app services. In practice, self-employed professionals work informally, without rights or guarantees in the event of illness, disability, and no pension.
