The complementary bill presented by the federal government defines the remuneration and payment to the INSS for the drivers of the app
After the leak of the complementary law, the federal government presented PLP 12/2024 (5) to the National Congress on Tuesday. On the agenda is the regulation of the activity of drivers in the Uber, 99 and other instances, with a proposal for remuneration based on the minimum wage and payment of the INSS contribution. OR Canaltech spoke with experts and representatives of companies in the sector and motorists to explain everything on the topic that could become law.
How app driver regulation works
PLP 12/2024 only covers the work of app drivers who work with cars and not with motorcycles and other two-wheeled vehicles. With the proposal, the government opened a new category, called “platform self-employed worker”, as anticipated last week.
How much will the drivers be paid?
According to the proposal, professionals do not have an employment relationship with companies and do not have exclusivity agreements. However, some protections must be guaranteed at work, such as the minimum wage set at the minimum wage (currently R$ 1,412).
Drivers will also receive R$32.90 per hour, amount divided into R$8.03 for the service provided and R$24.07 to cover operating costs (petrol, cell phone, among others).
Despite the absence of an employment relationship, the work will be carried out according to the CLT (Consolidated Labor Law), with an 8-hour working day and a limit of 12 hours per day. These terms, however, do not prevent companies from offering other benefits on their own.
Will drivers contribute to social security?
Yes. An INSS contribution will be added to the salary, collected by the driver at 7.5%. This percentage, therefore, will be taken from the professional’s gross income and paid to social security by the company.
Claims managers will also contribute to the INSS based on the driver’s income, this time at a higher rate of 20%.
Will there be a work limit?
Yes. The federal government has proposed a daily limit of 12 hours of connection to the platform per day. This measure, according to the complementary law, aims to guarantee the safety and health of workers.
Professionals are also guaranteed social security rights, considered in the proposal to be “essential” to guarantee the social protection and well-being of workers throughout their lives.
Is the regulation already in force?
No. The draft is already in the hands of the Legislature for examination by both the Chamber of Deputies and the Senate, i.e. the decisions can be modified during the discussion. This process will take a few weeks to be analyzed and finalized by federal deputies and senators.
At the end of this phase, the project will be voted on in both Chambers. If approved by all parties, the measure will come into force in 90 days.
What do the drivers say?
The government’s presentation of the regulatory proposal has raised criticism from many Brazilians. In a poll published on the website of the Chamber of Deputies, 95% of the almost 19 thousand participants said they “totally disagree” with the bill on Wednesday afternoon (6).
In the comments, many raised negative points about the project, generally complaining about the “loss of freedom”, criticism of the taxation of social security (INSS) and the imbalance of values compared to management costs.
“As if fighting every day with the artificial intelligence of the app’s algorithm wasn’t enough, we will still have to fight against bureaucratic laws that clearly favor Uber over drivers. We want to give voice to the absurdities that the system has done for years to drivers to no longer be left at his mercy,” stressed the citizen identified as Jeferson Silva Sousa in comments to the survey.
“What we need are minimum rides worth R$10 – R$15, as the fares are eight years out of date! The kilometer paid must be at least R$2. We needed to get a discount on the purchase of our car, just like the taxi drivers have it,” noted commentator Helcius Leonardi Medeiros dos Santos. “This is the bare minimum to start with!”
“Catastrophic,” says the president of AMASP
The president of the AMASP (AP Drivers Association of Sao Paulo), Eduardo Lima de Souza, better known in the class as Duda, called the regulation “catastrophic”. To the Canaltechthe representative said the proposal “puts app drivers in the hands of unions, in the hands of companies, in the hands of government, and takes away driver autonomy.”
The professional listed the negative points of the invoice. This is the case of social security, whose flexibility in defining payments would have been left aside by a single system. In this case, the president of the association emphasizes that the best way to contribute to INSS is to register as an individual microentrepreneur (MEI). “We have a CNAE [Classificação Nacional de Atividades Econômicas] specific to drivers and applications.”
Duda also draws attention to the fact that there are drivers with jobs such as CLT who use the platforms in parallel. “They are already CLT and will have to contribute this absurd amount compared to what the government imposes, plus what it already pays in its own [outro] work,” he underlined.
Another criticism highlighted concerns the 20% contribution that will be paid by companies, which could fall on drivers through taxes. Furthermore, the representative draws attention to the fee of R$32.90, low compared to the costs of the operation.
“According to government and union accounts, the driver will have around R$5,600 in his pocket compared to R$32.90. Just to keep a vehicle running for 26 days takes R$8,300,” he explained. For him, the project also gives “full powers to companies to paint and embroider” in relation to racing values.
What does the company representative say?
OR Canaltech also contacted the Brazilian Association for Mobility and Technology (Amobitec), representing companies in the sector, including Uber and 99. In a note sent to Canaltechthe group stressed that the proposal guarantees legal certainty for business investments in Brazil.
The other advantages, according to the body, revolve around benefits for workers, such as inclusion in the social security system, the definition of minimum earnings and transparency rules.
“The inclusion of workers in Social Security, proposed by Amobitec member companies in April 2022 through our Charter of Principles, represents a social progress that will impact 1.2 million drivers who today use digital platforms as intermediaries to provide services to its customers”, comments the association.
The representatives of the sector also underlined that the proposal “falls within the prerogatives of an activity in which the independence and autonomy of the driver are fundamental factors” and made themselves available to help deputies and senators maintain the dialogue during the preparation of the bill.
“Amobitec also reiterates its commitment to continue to participate in the construction of new regulations also for the delivery sector, respecting the balance between the demands of workers, consumers, the government and businesses” concludes the statement.
What does the expert say?
To the Canaltech, Viseu Advogados labor law lawyer Emylle Santana noted that the project reaffirms that drivers are not employees, but rather self-employed workers. You also recall some decisions of the labor judiciary which recognized the rights of professionals.
“There are repeated decisions of the labor judiciary of an ideological nature which have recognized the employment relationship of self-employed workers with technological platforms, even without the presence of the requirements of the employment relationship, provided for in Article 3 of the CLT, and the bill it will put an end to this discussion,” he explained.
For the lawyer, the salient points of the project are the mandatory contribution to the INSS and the recognition of a minimum value for the services provided. The project also brings a great protective benefit to the health of professionals thanks to daily working hours of up to 12 hours and reimbursement of expenses.
“Furthermore, the workers of the applications will be represented by a professional trade union entity and this entity will be able to sign collective contracts and agreements in the future, also providing for other rights not specified by law”, he concluded.
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Source: Terra
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