The Brazilian Ministry of Labor has included motorcyclists as dangerous job professionals to receive a 30% risk bonus starting April 3rd, but app delivery workers are not included.
In a recent ruling, the Brazilian Ministry of Labor has classified motorcyclists as members of a high-risk profession, entitling them to a 30% hazard pay effective from April 3rd. This decision marks a significant acknowledgment of the dangers faced by motorcyclists in their line of work. However, the new regulation notably excludes app delivery workers, who rely on their motorcycles for work and are still awaiting a specific legal framework to govern their professions.
The regulation does not apply to delivery workers for apps, who are currently in a state of limbo pending a legislative proposal that's under discussion in the Brazilian National Congress. Furthermore, motorcycle users who commute to their workplaces or utilize their bikes occasionally are also not eligible for the additional risk compensation. This exemption raises questions about the safety and legality of app-based delivery work and the protections afforded to workers operating under these platforms.
Employers are now tasked with evaluating whether their operations pose hazards to motorcycle delivery personnel, mandating them to provide a technical report from a qualified medical or safety engineer to confirm the existence of risks in their work environment. An earlier ruling from January 2024, requested by the Correios (Brazilian postal service), allowed for the suspension of a similar 2014 ruling, which further complicates the landscape of labor protections and highlights the ongoing challenges faced by motorcyclists and app delivery workers in Brazil's evolving labor market.
