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Outsourcing and delivery workers: employment link and rights
Shopee

Do you work or did you work as an outsourced worker, delivery worker or service provider connected to Shopee? Understand the employment link, liability and rights.

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What to do, step by step

  1. Gather contracts, messages, proof of payment, schedules and instructions received related to work for Shopee.

  2. In outsourcing, the contracting company may be secondarily liable for labor obligations left unpaid by the service provider (TST Súmula 331 (Brazilian Superior Labor Court precedent)).

  3. Recognition of an employment relationship depends on requirements such as personal service, subordination, payment and non-occasional work (arts. 2 and 3 of the CLT (Brazilian Labor Code)); the subject is debated in the courts and depends on the facts of each case.

  4. Check FGTS (Brazilian severance fund) and INSS (social security) contributions and the payment of amounts due by the contracted company.

  5. Contact the sector union, MTE (MTE, Brazil’s Ministry of Labor and Employment, Disque 158) or a lawyer; a lawsuit must be filed within 2 years after the end of the contract.

Official channels for workers

Labor inspection
MTE · 158
Public Labor Prosecutor’s Office
MPT: guidance and complaints
Labor Courts
Superior Labor Court (TST)

Frequently asked questions

Is the company I provide services to liable for the provider’s debts?

In some situations, the contracting company may be secondarily liable. The analysis depends on the facts and the contract.

Do app-based delivery workers have an employment relationship?

The subject is debated in the courts and the conclusion depends on the characteristics of the working relationship. There is no guarantee of recognition.

Can I claim rights even if I work as an MEI (individual microentrepreneur)?

The form of the contract alone does not prevent the discussion. The courts look at the reality of how the service is provided. Each case must be evaluated individually.

Related guides

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