However, new report on legislative bill expected to reject government proposal to raise payment floor.
The new report by Federal Deputy Augusto Coutinho (Republicans of Pernambuco) on the regulation of app-based work is expected to include an annual inflation adjustment for the minimum remuneration paid to drivers per ride, a point considered central by representatives of the category to make an agreement viable. The measure is not included in the current version of the opinion.
The text, however, is expected to maintain the floor at R$8.50 per short-distance ride and reject the government’s proposal to raise the amount to R$10, the main demand of delivery workers.
Speaking to Valor, the lawmaker said the report is already finalized, but acknowledged the possibility of changes during the vote. “The report is already set at R$8.50, but the matter may go to the floor and receive a separate vote to raise the amount to R$10,” he said.
The proposal is one of the priorities of President Lula’s reelection campaign, but faces resistance. On the Executive side, General Secretariat Minister Guilherme Boulos argues that raising the minimum rate to R$10 is a non-negotiable issue.
Workers, in turn, are demanding not only an increase in the floor, but also payment of R$2.50 per additional kilometer traveled. They also call for a reduction in platform retention fees, set at up to 30% in the bill, compensation for waiting time during deliveries and greater transparency in apps to prevent what they consider improper account suspensions.
Tech platforms, on the other hand, are seeking adjustments to the text, arguing that the bill could open room for interpretations that an employment relationship exists with delivery workers. While they support including the category in Brazil’s social security system, they reject the proposed legal model for structuring the relationship with workers and point to possible legal and tax implications.
In an attempt to overcome the impasse, the rapporteur said he will hold another meeting later this week with the government. The meeting is expected to include Chamber Speaker Hugo Motta (Republicans of Paraíba) and Boulos. Negotiations are also continuing with companies and worker representatives.
The expectation is to present the new report by next Monday (9), so that the text can be analyzed by the committee between March 10 and 17 and then proceed to the full House, with a vote scheduled for March 19.
At the same time, the government intends to present, by the first half of March, a document with suggestions for the bill. The proposals were gathered by a technical working group created by the General Secretariat, which heard from workers, companies and other sector participants. The idea is to incorporate some suggestions into the rapporteur’s text.
Last week, Boulos met with Coutinho to discuss the matter and, according to sources, the meeting was positive and the issue is aligned between them. Within the Executive branch, expectations of approving the bill in the first half of the year remain intact.
In conversations with the Speaker, the rapporteur was advised to draft a leaner version of the proposal, with minimal interference in companies’ business models and attention to consumer protection.
Despite ongoing negotiations, Coutinho said the floor defended by the Executive could make deliveries unfeasible in smaller cities. According to him, in country municipalities, where demand and average ticket size are lower, a minimum of R$10 per ride would raise costs, make products more expensive and potentially reduce demand.
“In that case, the restaurant doesn’t sell, the person who would deliver doesn’t deliver because there’s no food to deliver, and the whole chain loses. So, it’s a measure that needs to be established with caution,”
he said.
Another demand unlikely to be accepted in the new report is the exclusion of the requirement for criminal background checks. Under the text, platforms may choose whether to request the document from delivery workers, while for drivers transporting passengers the presentation is mandatory.
According to the lawmaker, if there is a separate vote to remove this provision and the majority agrees, the change could be made. Even so, he defends the requirement for those transporting people as a safety measure.
“I think most people would not like their daughter, who sometimes takes a ride through an app, to be transported by someone convicted, for example, of rape,”
he said.
Among the points likely to be included is the annual inflation adjustment of the minimum amount defined per ride. “I see no difficulty at all. I believe the amounts must, in fact, be adjusted so they do not become outdated. I see no difficulty with that,” Coutinho said.
On the platforms’ side, the rapporteur signaled that he should introduce drafting adjustments to better define the relationship between them and workers, as well as clarify the scope of insurance coverage for app-based drivers.
According to André Porto, president of the Brazilian Association of Mobility and Technology (Amobitec), the latest version of the report harms the sector and raises costs. Even so, he said Coutinho has been receptive to the companies’ arguments.
“The rapporteur has, in fact, listened to us. We have been in dialogue and he has indicated that he will accept some of our points, but we will only know when we see the new text,”
he said. Platforms support the inclusion of workers in the social security system, but reiterate their defense of a model in which apps are classified as “intermediaries” of services.
Meanwhile, Leandro Cruz, president of the National Federation of App Drivers’ Unions (Fenasmapp), said workers’ demands reflect accumulated dissatisfaction over the years.
“These platforms have been operating for 11 years without effective guarantees for workers. On the contrary, what we see is increased charges, improper suspensions and abusive percentages,”
he said.
Source: Valor International
