The National Union of Application Workers (UNTA) celebrated the progress that has been obtained with the approval of the labor reform that regulates work on digital platforms such as Uber, Didi and Rappi in the Chamber of Deputies; However, it points out aspects that, if “not corrected,” could perpetuate precarious labor conditions.
Sergio Gutiérrez, general secretary of the UNTAcommented that there are aspects such as “tools and supplies”, where the proposal leaves ambiguities around the obligation of the platforms to provide the necessary tools to work, such as bicycles, motorcycles, mobile phones, mobile data, thermal backpacks and other supplies. .
He explained that article 291-L imposes this burden on workers, contradicting article 132 section III of the Federal Labor Lawwhich establishes that this obligation corresponds to the employer. This is unacceptable and denatures the spirit.
Regarding the time of connection as work timesaid that the initiative introduces a concept of “time actually worked,” excluding waiting and connection periods of the workday.
The above, he explained, “not only reduces salaries, but also leaves workers without protection in case of accidents during these periods. This approach contradicts fundamental principles of the Federal Labor Law, which establishes that all the time in which a worker is at the disposal of the employer is part of the working day.”
One more aspect that they have identified is “fragmented social security”, since they consider that the initiative conditions access to social security to meeting minimum income equivalent to a daily minimum wage. “This generates uncertainty and excludes workers from continuous and adequate protection, perpetuating inequalities in an already precarious sector,” Guerrero said.
It is worth remembering that this Tuesday, December 10, the reform to articles 49, 50, 127 was approved, in general with 462 votes in favor, and in particular and in terms of the opinion, it received 389 votes in favor and 65 against. , a Chapter IX Bis and an article 997-B to the Federal Labor Law, and was sent to the Senate of the Republic to continue the legislative process.
The opinion indicates that “digital platforms will be the set of mechanisms, computer applications, systems and devices that assign tasks, works, services and jobs to workers on behalf of third parties, and defines the people of this modality as those who provide services personal, paid and subordinate, under the command and supervision of the digital platform of a natural or legal person.”
Likewise, he states that the digital platform work will be the subordinate employment relationship for the performance of paid activities that require the physical presence of the worker for the provision of the service, which are managed by a natural or legal person in favor of third parties through a digital platform, using technology. information and communication to exercise command and supervision over the worker.
