2023-05-01 11:56:43
With no employment relationship, the platforms make available the profile of the providers or the contracting of services by the hour
ANA PAULA BRANCO
SAO PAULO-SP
The PEC das Domésticas, whose enactment completed ten years in April, established a series of labor rights for professionals in the sector, bringing it closer to other professions.
However, it failed to contain the sector’s historically intense informality.
Among the professionals who work without a registered license, many offer their work on service delivery applications. With no employment relationship, the platforms make available the profile of the providers or the contracting of services by the hour. Among the professionals available are day laborers, nannies, cooks and caregivers for the elderly.
GetNinjas has approximately 100,000 day laborers providing services through the platform and an average of 380,000 orders per month. According to the company, “if the demand does not include heavy cleaning or other items such as window panes, a day laborer, on average, usually charges between R$ 70 and R$ 120 a day”. The hours worked agreement is agreed between the professional and the client who requested the service. There is no charge or profit sharing on the platform, which works as a social network between service providers and potential customers.
Mary Help, with more than 150 franchised units and 8,000 professionals in activity, claims to offer three service models: intermediation of self-employed day laborers, selection processes for monthly workers and outsourcing of labor to companies.
Regarding self-employed day laborers, the franchisor says that, on average, it handles requests from 35,000 customers per month, who hire around 60,000 daily.
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The price for an eight-hour day on Mary Help ranges from R$170 to R$220. For a six-hour day, prices range from R$140 to R$170, and for four hours, from R$110 to R$ 140.
The charge varies according to the region of the country, the city and the day of the week in which the cleaning will be done (including weekends and holidays).
Of the values received for daily rates, the professionals keep, on average, 60% to 70% and transfer around 30% to 40% to the Mary Help units for intermediation work with end customers.
“Considering the prices paid by clients and these percentages that day laborers retain, the earnings of professionals who choose/accept to work every day of the month can reach between R$ 2,500 and R$ 3,000 per month”, says Mary Help to Folha.
According to the company, in the last 12 months, 80% of the professionals worked as cleaners, 11% as ironers/washers, 3% cooks, 2% nannies and 1% caregivers. The company also mediates professionals for other types of services, such as gardeners, swimming pools, personal organizers, upholstery washing/waterproofing, carpet washing and room sanitization.
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Odete also works as a connection channel between day laborers and contractors. The customer accesses the platform and enters the ZIP code of the region where he wants the service to be performed in order to have access to the profile of dozens of professionals. Negotiation of service, date, value, transport and payment method is done by telephone. Odete indicates charging for the day or per hour worked an amount between R$ 80 and R$ 500.
After the service, the day laborer and the contractor can leave comments about the experience.
Parafuzo claims that it has already provided more than 1 million services and currently operates in more than 160 cities, in 20 Brazilian states and in the Federal District and has more than 5,000 professionals active in the cleaning, ironing and furniture assembly categories. .
According to the platform, the average value of services is between R$ 150 and R$ 200. Parafuzo did not disclose the actual amount passed on to professionals.
The company charges a fee of BRL 80 for registration, which can be paid in three installments, and a monthly fee of BRL 28 for day laborers. Brazil has the world’s second largest market for domestic workers, behind only China. There are about 5.7 million people.
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According to Dieese (Inter-union Department of Statistics and Socioeconomic Studies), of this total, 92% are women, 65% of whom are black. Currently, three out of four work without a formal contract.
According to the legislation, when the professional works up to two days a week in the same house, there is no labor relationship and there is no obligation to pay charges.
According to specialists, the relationship of housemaids is seen by labor law in the same way as other workers by application. “With the client there is no bond, but with the company providing the service there is discussion”, says Rafael Covolo, partner at Araujo & Covolo Advogados.
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The debate on the employment relationship between workers and platforms is at the TST (Superior Labor Court) awaiting a final decision.
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“There has already been recognition of an employment relationship between Uber and partner drivers. In 2023, the 4th panel of the TST removed the bond, referring that this and other forms of work that come from technology must be regulated by law”, says Marceli Brandenburg, partner at Messias e Brandenburg Blumer Advogados Associados.
The lawyer also says that, although there is currently no specific labor rule to be applied in the case of professionals hired through applications, the existence or not of binding must be analyzed on a case-by-case basis, until the Labor Court consolidates a position about.
“It is important that day laborers are informed about the platform management limits on their work.”
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