Introduction
As digital platforms for food delivery and transportation services continue to grow, workers on these platforms must be aware of the risks associated with sharing their accounts. This article outlines potential consequences, including termination of contracts and loss of acquired rights due to recent labor reforms.
Risks of Sharing Profiles
Termination of Employment Contracts:
Workers who share their profiles with others risk having their employment contracts terminated. This leaves them without the benefits and protections established by labor reforms, such as social security coverage in case of accidents.
Loss of Social Security Protection:
According to Diego García Saucedo, a partner at García Velázquez Abogados, if an accident occurs while using a borrowed profile, the individual won’t have access to social security protections that the actual account holder enjoys.
Potential Legal Consequences:
García Saucedo further explains that sharing profiles could lead to a breach of contract or even fraud, as it may be considered deception by the platform. Isabella Mariño, Public Affairs Director at Rappi México, echoes this sentiment, stating that profile sharing is regarded as identity theft by companies.
Company Measures and Verification Protocols
Detection of Profile Sharing:
Companies like Rappi México have established protocols to detect unusual behavior, such as profile sharing. They use biometric verification through selfies during the verification process to ensure that the person using the profile matches the registered user.
Enforcing Contractual Obligations:
Emily del Carmen Sutro, a labor compliance specialist, explains that workers must adhere to the rules set by the platform’s algorithm regarding conduct and sanctions for non-compliance. These rules are tied to the worker’s profile, which determines their earnings and may lead to mandatory insurance by the company or voluntary measures.
Contractual Obligations and Consequences
Completing Deliveries and Trips:
Workers cannot falsely claim deliveries or trips as complete if they haven’t genuinely received the product or transported the user. They also cannot charge clients differently from what’s indicated on the platform.
Canceling Service Requests:
Workers are not allowed to cancel previously accepted service requests and are responsible for any damage to their work instruments.
Worker Responsibilities and Awareness
Reading and Understanding Contracts:
Both Diego García Saucedo and Emily del Carmen Sutro stress the importance of workers thoroughly reviewing their contracts to understand their contents and obligations. Failure to comply with contractual terms will not be accepted as an excuse.
Protecting Profiles:
Sutro advises workers to safeguard their profiles, as sharing them can lead to losing seniority and not receiving termination benefits. Workers must read the fine print and platform conditions to avoid any breaches that could diminish their rights.
Key Questions and Answers
- Q: What are the risks of sharing my app profile? A: Sharing your profile can lead to contract termination, loss of social security protections, and potential legal consequences such as breach of contract or fraud.
- Q: How do companies detect profile sharing? A: Companies use verification protocols, including biometric checks through selfies, to detect unusual behavior like profile sharing.
- Q: What are my contractual obligations as a platform worker? A: You must adhere to the platform’s rules regarding conduct and sanctions for non-compliance, which are tied to your profile.
- Q: How can I protect my rights as a platform worker? A: Carefully read and understand your contract, safeguard your profile, and avoid actions that could lead to breaches or loss of rights.
