Project: To register on the platform, the worker must have a CNPJ (Germano Lüders / Exame)
The government is preparing a list of work that will reach nearly 2.5 million people working as service providers in ApplicationsBe it drivers, couriers or other jobs. new model from Mayo, which is what the government calls Small Digital Entrepreneur, or MED, according to information obtained by The Globe.
The big difference is that the contribution will be mandatory. To register on the platform, the worker must have a CNPJ. The contributions for the new MED will be collected by the companies themselves. Many countries are already preparing regulations for working on digital platforms.
Today, MEI is optional. Not all drivers and couriers make their contributions, and those who are registered tend to delay payment. By requiring platforms to pay the contribution, the government also wants to end the default.
Regulations in other countries
The organization of work on different service application platforms is subject to debate all over the world: Spain, Italy, UK, France, Canada, USA, Japan, Denmark, Switzerland, Germany, and also in Brazil. Here, there are debates in Congress (there are more than a hundred bills on this topic), in the executive branch and in justice.
According to specialists, the understanding ranges from considering the independent worker without any employment relationship; Going through a model that guarantees some, but not all, rights, and even the full protection granted to a paid employee, according to the legislation of each country.
And there are still cases where the legislation has been reviewed, such as in California, where the class was deemed used in 2019. But platform drivers’ associations protested. In November 2020, some kind of public consultation was against regulation and made the state come back and admit that these workers are self-employed.
In the United States, about 20 states recognize an employment relationship and 30 do not. Spain designed a regulation in an agreement signed between platform representatives, workers and the government. There, in addition to being considered employees, unions have access to the algorithm that regulates work. But far from solving the problem, lawsuits continue in court.
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In the UK it was considered Workers, A category between the freelance worker and the traditional employee, with rights such as minimum wage, paid time off, and company-paid retirement plan. But they don’t have all the rights of a traditional employee.
In Italy, they can be classified as self-employed or employed or a new category called “parasopordinats”. All contribute to Social Security. Exclusive rights have more rights, such as unemployment insurance, maternity leave, and sick leave. Those who are not exclusive do not have unemployment insurance.
In France, the platforms themselves seek regulation, without forming a working relationship, but the debate continues, with litigations in court, claiming that only the judiciary can determine if there is a link, and not a social compact.
In Germany, legislation divides social security costs between the worker, the platform and the consumer.
The debate in Brazil is also in court. There are more than 500 sentences on the subject, most of whom consider the service to be irregular and discontinuous in time and space. But according to those defending the relationship, the companies have been seeking more agreements, reducing penalties that recognize the working relationship.
The legal argument in Brazil that frames those who work in the applications as self-employed is the lack of dependency. The Standardization of Labor Laws Act (CLT) states that it is the employee who provides the service, “not incidental to the employer under his subordination or on his salary.”
Those who see a link cite the only paragraph of Article 6 of the same law, which states that computerized means of driving are equivalent to direct control.
