Law 14,297/22: how the new measures protect delivery people

In January 2022, new protection rules for delivery drivers who work through apps come into force – find out what law 14,297/22 changes in their lives.

Meeting the demands of professionals, the legislation expands social protection and against Covid-19

In January 2022, new rules came into force to increase the protection of couriers who provide services through delivery apps — such as the offer of accident insurance, paid leave for those who contract Covid-19 and the obligation to inform the reasons of its blocking on the platforms.

Created in the context of the pandemic, Law 14,297/22 was temporary and was valid until the end of the state of Public Health Emergency of National Importance, decreed in May 2022.

“This law can be seen as a first step towards regulation of the sector, because it creates a common level for all companies, from which a regulatory framework can be discussed”, explains Ariel Uarian, public policy specialist at iFood.

The new rules are based on demands that have been made by delivery people, and some of the measures listed in the text are already put into practice by iFood (such as the offer of accident insurance and support points).

Others are aligned with the actions discussed in the 1st Delivery Drivers Forum in Brazil, carried out by iFood in December 2021, which resulted in the signing of a Commitment Letter on points such as greater transparency in the process of blocking professionals on the platform.

“The law does not change our disposition, but rather reinforces the commitment that iFood made with delivery people in December 2021, which is more permanent and more comprehensive in terms of what can be improved. The Charter goes far beyond what the law requires”, adds Ariel.

For him, the legislation is positive, but it is possible to go further. “The new law creates good guidelines for the market to start a serious discussion about the regulatory framework”, says Ariel. “But we can move forward on more points, such as the inclusion of delivery people in the social Security and minimum earnings.”

The main points of the law are:

Accident insurance offer

Delivery drivers are now entitled to insurance against accidents that occur while they are making pick-ups and deliveries. If the delivery person provides services for more than one company, the compensation will be paid by the insurance contracted by the company for which the professional was providing services at the time of the accident.

Delivery drivers registered with iFood are already entitled to insurance that covers permanent disability and temporary injury, as well as life insurance in confirmed cases of Covid-19 — iFood is the only company in the sector that offers coverage for temporary injury. In the event of disability or accidental death, coverage can reach R$ 100 thousand.

Paid leave due to Covid-19

Since the beginning of the pandemic, iFood has guaranteed paid leave for delivery drivers. “Our procedure is even less rigorous, as we only ask for a positive RT-PCR test for Covid”, says Ariel. The medical report will only be requested if the leave is extended for an additional 15 days.

The new law requires delivery app companies to provide financial assistance for 15 days to couriers who are laid off due to illness. During this period, professionals must receive an amount that will be calculated based on the average of the last three payments made.

The 15-day leave can be extended for two further periods of 15 fifteen days if necessary, as long as the delivery person presents proof or a medical report. To be entitled to paid leave, according to the law, you will need to present proof of a positive result for the disease (such as the RT-PCR test) or a medical report justifying the care.

Prevention measures against Covid-19

From January 2022, delivery app companies must inform couriers about the risks of coronavirus and the necessary precautions to prevent contagion and prevent the spread of the disease. In addition, they must offer masks and alcohol gel or other sanitizing material to delivery people — alternatively, they can make transfers or reimbursement of expenses.

Another point of the new law in this regard is that the company providing the product or service must adopt the necessary measures to avoid contact between the delivery person and the end consumer or other people during the collection and delivery process.

iFood, which during the pandemic offered materials and reimbursement of delivery drivers' expenses for masks and alcohol gel, will once again offer this benefit. In 2020, 8 out of 10 delivery drivers considered foodtech initiatives to combat Covid-19 to be very positive, according to a survey carried out by Instituto Locomotiva. With a score of 8.9 given by delivery drivers, iFood had the best rating among companies in the sector.

Support points for delivery people

The new law also requires establishments to allow delivery people to use their bathroom and guarantee their access to drinking water. To support this demand, iFood partnered with public agencies, companies and restaurants to create 1,400 support points in 14 cities.

In these spaces, delivery people can go to the bathroom, drink water, use electrical outlets and rest while waiting for orders. Support points appear in the delivery person's application when he receives the order, indicating whether or not that restaurant is a support point.

Transparency in deactivations

This was one of the main demands of delivery drivers at the 1st Delivery Drivers Forum in Brazil, held by iFood with 23 representatives of the category in December 2021. As a result, iFood was committed to providing more transparency about the reasons for alerts, restrictions, inactivations temporary suspensions and deactivations of accounts (with the possibility of new challenges from professionals deactivated in the previous six months).

What the new law provides is that, in the contract or registration form signed with delivery people, companies make it clear in which cases they may be blocked, suspended or excluded from the platform. “We are already advanced in applying what the law determines”, comments Ariel. “These discussions were already being held with the delivery drivers.”

Furthermore, they must communicate the deletion of the delivery person's account at least three days in advance, listing the reasons for this. This notice period will only be ineffective in cases of threat to the security and integrity of the platform, suppliers and consumers due to suspected criminal offences.

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