In an increasingly connected and technological world, digital transportation and delivery platforms, such as InDrive, Didi, Rappi, Uber, Cabify, among others, have revolutionized the way we move and receive services. However, the potential implementation of the Labor Reform raises a series of significant changes that will affect this emerging labor sector and its workers.
A digital worker providing delivery or courier services is understood to be a person who uses digital platforms to perform delivery services requested by users or clients, and who will perform their services for technology companies operating digital work platforms for delivery or courier services. One of the most notable changes proposed by the Labor Reform is the obligation for technology companies operating digital work platforms for delivery or courier services that hire digital delivery workers to register them and provide the necessary information to the Ministry of Labor. However, the reform does not specify the sanctions associated with non-compliance with this registration or the failure to provide information, which raises doubts about its effective enforcement.
This implies a drastic change in the current contractual relationship based on independent service provision contracts. As a result, platforms must ensure the affiliation of workers to Social Security, which raises questions about how this shared responsibility will be managed in the event that workers provide services on multiple platforms simultaneously without exclusivity.
Another relevant aspect is the prohibition of exclusivity clauses in the Labor Reform. This provides digital workers with greater flexibility and the possibility to diversify their income sources by not being obliged to dedicate themselves exclusively to a single employer. However, the question arises as to whether, by establishing an employment relationship with the digital platform, employers will be able to require compliance with regular schedules under the principle of subordination, which could limit the flexibility that many workers value.
Furthermore, the reform establishes that digital platforms must remunerate independent digital service workers not only for the execution of the contract, but also for driving hours, which implies a significant increase in the nominal value, since previously only the service performed was remunerated, without taking into account the travel time necessary to complete deliveries. Likewise, Article 71 of the reform establishes that if the employer does not allow the provision of the service, it must pay the corresponding salary to the worker. This means that digital platforms will be responsible for remunerating workers even in situations where there are no users or available service, thus recognizing the value of their time and availability.
In this sense, the reform establishes the obligation for the employer to inform, through a document, the automated monitoring systems used to track, supervise, and evaluate executive work, as well as those used to make or support decisions that affect working conditions, aimed at identifying tasks, income, safety and health, service time, promotion, and contractual conditions, as well as suspensions and cancellations of the account.
However, concerns arise regarding informal, migrant, and elderly workers who are not usually hired in a conventional manner. If platforms do not have the capacity to hire more than 150,000 people, what will happen to those who depend on these sources of income? The Labor Reform must address these realities to ensure a fair transition and protect the rights of all workers involved.
Thus, the implementation of the Labor Reform can have a significant impact on digital delivery workers and the platforms that employ them. From the shift to formal employment relationships to the elimination of contractual exclusivity, challenges and opportunities arise for this constantly evolving sector. However, it is necessary to address more precisely aspects such as sanctions for non-compliance with the registration of digital workers, as well as to ensure the protection of informal and vulnerable workers in this new work environment.