On January 6, 2022, Law No. 14.297 / 2022 entered into force, providing for measures to protect deliverers who render services through delivery applications during the public health emergency declared by the Brazilian government due to the pandemic of Covid-19.
Law No. 14.297 / 2022 classifies delivery people as workers who pick up and deliver products and services via delivery application platforms and delivery application companies as those whose core business is intermediation between customers and suppliers of products / services through electronic platforms.
The main protective measures instituted by law n ° 14.297 / 2022 for deliverers:
- Delivery application companies are responsible for providing delivery people with: (i) accident insurance with no excess, (ii) financial assistance to delivery people on leave due to Covid-19 and (iii) information on the risks associated with Covid-19 and preventive care.
- Measures according to which companies supplying products / services are responsible for providing deliverers with: (i) sanitation facilities and (ii) access to drinking water.
Law No. 14.297 / 2022 also establishes that application delivery companies and product / service delivery companies must prioritize the Internet as their primary payment method.
Regarding the necessary contractual provisions, the contract and / or the registration deeds signed by the parties must provide for the possibility of blocking, suspending and / or deleting the profile of the delivery person from the electronic platform.
Failure to comply with any provision established by Law No. 14.297 / 2022 subjects application delivery companies and product / service delivery companies to a formal warning and, in the event of a repeat offense, to the payment of an administrative fine. equivalent to BRL 5,000 per violation.
The provisions of Law No. 14.297 / 2022 cannot justify the legal nature of the relationship established between the delivery person and the application delivery company.