Introduction
Just a few days after the one-month anniversary of the reform regulating digital platform work, such as Uber, DiDi, and Rappi, the Federal Center for Labor Mediation and Registration (CFCRL) published the work contracts that formalize labor relationships for workers on these platforms.
Relevant Changes in the Reformed Ley Federal del Trabajo (LFT)
The reformed Ley Federal del Trabajo (LFT) acknowledges the labor relationship between riders and drivers with apps, designing a mechanism for accessing social security and benefits. However, it also maintains the flexibility in the work model.
- Universal protection against workplace accidents: The reform ensures that workers are protected from job-related accidents.
- Access to social security: Workers earning similar or higher than the monthly minimum wage can now access social security.
Key Aspects of the New Work Contracts
Flexibility is maintained, but not double-booking on rides and deliveries:
The platforms guarantee flexibility through the contracts, but during actual work hours (from accepting a ride/delivery until its completion), workers can only provide services within the app where the task was accepted.
- No premature completion of rides or deliveries: Workers cannot indicate that a delivery or ride is complete before the product is received or the user is transported.
- No additional charges to clients: Workers cannot charge clients differently from what is indicated on the platform.
- No third-party accompaniment: Workers cannot perform services with a third party.
- No cancellation of service requests: Once a worker accepts a request, they cannot cancel it. They must follow user delivery instructions and not use third-party accounts for tasks.
Maintenance and infringements by workers:
The contracts state that workers are responsible for the upkeep and repair costs of their work tools (vehicles, motorcycles, bicycles, etc.), adhering to all traffic and mobility laws.
- No use of third-party information: Workers cannot use third-party information for registration or accessing their accounts.
- Incident reporting: Workers must report any incidents affecting service delivery to ensure proper functioning of transport tools.
- Consumer notification: Workers must inform consumers of any eventualities or circumstances during service delivery.
Worker obligations:
- No use of third-party personal data: Workers must not use consumers’ personal information for purposes other than service provision, maintaining honesty and integrity in all interactions.
Worker rights (when obligations are met):
- Set working hours: Workers can define their connection times.
- Weekly payment for service provision: Workers receive weekly payments for their services.
- Platform usage information: Workers receive information related to platform use for order acceptance or service provision.
- Payment per completed ride: Workers are paid for each completed ride, with the gross amount defined, offered, and displayed through the platform before each user-requested service.
- Gross income details: Repartidores and conductores receive email receipts for gross amounts generated and service payments.
