Introduction
Just a few days after the one-month anniversary of the reform regulating digital platform work, such as Uber, DiDi, and Rappi, the Centro Federal de Conciliación y Registro Laboral (CFCRL) published the work contracts that formalize relationships between platform workers and companies.
Relevant Changes in the Contracts
The reform of the Federal Labor Law (LFT) acknowledges the labor relationship between delivery and ride-hail workers and apps, designing a mechanism for accessing social security and benefits. However, it also maintains the flexibility in the work model.
Flexibility is Maintained, but No Double Booking or Trips
The platforms guarantee flexibility through the contracts, but during actual work hours (from accepting a ride or delivery to its completion), workers can only provide services within the app where the task was accepted.
The contracts prohibit workers from indicating that a delivery or trip is complete before the product is received or the user is transported. Additionally, workers cannot charge customers differently from what’s indicated on the platform or work with a third party during service provision.
No More Unfinished Trips or Misleading Completion of Deliveries
Workers are now prohibited from canceling accepted service requests and must follow user delivery instructions instead of using third-party accounts. They are also not allowed to use third-party devices to access their accounts or share profile information.
Maintenance and Infractions by Workers
The contracts state that workers are responsible for the maintenance and repair costs of their tools (autos, motorcycles, bicycles, etc.), which are not owned by the companies. Workers must comply with all traffic and mobility laws, bearing full legal responsibility for any damage caused by misuse.
Obligations and Rights for Workers
Obligations:
- Workers cannot use third-party information or accounts for registration or platform usage.
- They must communicate with the platform in case of incidents affecting service delivery and ensure proper functioning of transport tools.
- Workers should not use consumers’ personal data for purposes other than service provision, maintaining honesty and integrity in all interactions.
Rights:
- Workers can set their connection hours and receive weekly payments for service provision.
- They will get information related to platform usage for order acceptance or service provision.
- Workers will receive payment for each completed trip, with the gross amount defined, offered, and displayed through the platform before each user-requested service.
- The gross income will include the trip payment portion, which is the amount received for service provision. Workers must adhere to user and platform terms upon accepting requests.
- Payment details will be sent via email, including the gross amount generated and service payment.
