In June of that year, the ministers of the Federal Supreme Court (STF) decided, by 8 votes to 3, to overturn provisions of the Truck Drivers Law (Law 13,103/2015), popularly known as the “Drivers Law”.
Law No. 13,103/2015 is the legislation that published the CLT to regulate the profession of road freight transport driver, defining the rights, duties and working conditions. The law establishes guidelines on working hours, driving time, rest breaks, infractions and penalties.
Enacted in 2015 and with some sections revoked in a recent decision handed down by the STF Court, the legislation aims to guarantee the protection of drivers’ labor rights, safety on the roads, as well as the quality of services provided by truck drivers.
Among the various changes, we highlight some below that had a major impact on the labor sphere, significantly altering the journey of these professionals.
- Waiting time x journey:The waiting time to load and unload the truck and the period to inspect the goods at barriers become be counted in working hours and overtime. The STF overturned part of the law that excluded waiting time from the journey count.
Thus, from now on, the waiting time must incorporate working hours and be remunerated with E, moreover, if it is necessary for the driver to activate and move the vehicle during this period, such a period of time will also be considered as effective work.
- Waiting time x effective work:the STF declared it unconstitutional to exclude waiting time from what is considered effective work. The waiting time is now counted in the period that the driver is available to the employer.
- Waiting time payment:the law provided that waiting time hours should be paid at the rate of 30% of the driver’s hourly salary. Waiting time now counts towards working hours and overtime, minimum legal additional of 50%.
- Fractionation of Rest Periods:Devices that allow the reduction of the minimum rest period, through its division, and its coincidence with periods of rest were considered unconstitutional mandatory vehicle requirements established by the Brazilian Traffic Code (CTB).
Therefore, the STF vetoed the possibility of dividing drivers’ rest periods, as well as the coincidence of rest with the mandatory stop while driving the vehicle. Now, the rest interval must be 11 consecutive hours within a 24-hour work period, amending article 235-C, §3 of the CLT.
- Rest on the move:The possibility of resting with the vehicle in motion has been invalidated for trips involving two drivers. Resting can still be done inside the vehicle, as long as it is stopped.
- Toxicological test validated:In the same judgment, the STF declared constitutional, that is, validated the requirement of a toxicological test for professional drivers, provided for in the Law of Truck drivers.
The procedure allows you to check whether the professional has ingested substances that reduce his ability to drive.
Those who have driver’s licenses in categories C, D and E need to take the test. These drivers drive, for example, trucks and buses.
Carrying out this type of exam is provided for in the standard for workers to obtain and renew their National Driving License, in addition to situations in which they are hired and dismissed from a job, and every two years.
The various changes to the law will directly impact drivers’ working hours and the category’s productivity, therefore generating major impacts in several sectors, especially in the labor sphere, as companies must comply with the new established working hours, restructuring all transport, logistics and storage, in addition to the need to add overtime to the payroll, generating relevant financial consequences for companies operating in this sector.
Furthermore, according to sector experts, the decision should generate a series of impacts on the cargo and passenger transport sector, and could even lead to an increase in freight costs and possible chain inflationary effects.
Furthermore, according to sector experts, the decision should generate a series of impacts on the cargo and passenger transport sector, and could even lead to an increase in freight costs and possible chain inflationary effects.
The private sector claims that costs will rise because more drivers will have to be hired, in addition, daily driving time will be reduced, impacting productivity and kilometers traveled per day, in addition, it will be necessary to provide a structure for weekly rest outside the base of the company due to the low number of rest points on the highways.
Therefore, given the changes mentioned, we advise companies to consult labor lawyers who are specialists in the area, to assist with changes belonging to the category, so that they are in line with the law and thus avoid labor liabilities.
