The Regional Labor Court of the 2nd Region rejected the challenge presented by the court’s counter decision that . The platform stated that it will appeal.
The case involves a court decision whose ruling was published last Friday (7). In December 2024, the 14th Panel of the court condemned the companies that provide services to the platform, within an action presented by the MPT (Public Ministry of Labor).
In analyzing the motions for clarification, the rapporteur, Ricardo Nino Ballarini, highlighted that this type of appeal aims to remedy an omission, eliminate contradictions, clarify obscurities or correct a material error in the judgment.
However, the judge argued that iFood, in essence, “revealed mere non-compliance” with the class’s decision and attempted to reopen the “merits of the preliminary questions already considered and rejected”.
“The decision that recognizes the employment relationship does not ‘create’ obligations, but only declares the existence of a legal relationship governed by and, consequently, imposes compliance with the obligations that arise from it by force of law,” he wrote.
In a statement, iFood states that it will appeal the decision and argues that the understanding of the ruling that recognizes an employment relationship between delivery drivers and the platform “diverges from several recent decisions that have recognized the autonomy of the relationship on digital platforms and which is also under analysis at the Federal Supreme Court”.
According to the platform, the decision disregards the ongoing legislative debate in Congress on the regulation of work mediated by digital platforms.
“from the labor courts in Brazil, the TST and statements from the STF itself, reinforce that the relationship between the platform and registered partner professionals does not characterize an employment relationship”, he says. “The more than 450 thousand delivery people registered with iFood are independent professionals who can use the application to generate income, with autonomy and flexibility, without requiring exclusivity, productivity and working hours.”
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