For the first time in its history, the TVDE and fast delivery sector is letting unions in to start regulating minimums in what is considered one of the most deregulated markets in Portugal. After years of complaints from the 38 thousand workers in this sector _many in court_ due to lack of protection, Uber and SINDEL (a union linked to UGT) signed an agreement this week that provides for voluntary union membership of drivers and the guarantee, by the company, of a minimum income/hour in line with the national minimum wage, as well as legal support.
The initiative was praised by the secretary general of UGT, Mário Mourão, who considered this commitment as “proof that social dialogue works and that it is possible to find balanced solutions between innovation and labor protection.” And its extension to other companies in the sector, such as Bolt or Glovo, is being considered.
But it is far from being peaceful among drivers, quite the opposite. The idea conveyed to the media networks that the guarantee of a type of minimum wage was at stake was, however, promptly refuted by the Associação Nacional Movimento TVDE (ANM-TVDE), which says it was not even heard in the process.
In a note sent to the media, that association regretted that SINDEL, a union that “should serve and protect workers on digital platforms”, had chosen to act “as a commercial intermediary” for Uber Portugal.
“Instead of being on the side of drivers and couriers, SINDEL appears to have sided with the platform, signing an agreement that does not guarantee rights, security or stability”, accused Vitor Soares. The movement “repudiates any attempt to transform union representation into a business, demanding that unions fulfill their true role: defending those who work, not those who exploit”. And he recalled that Sindel “has no direct connection to the activity of digital platforms, nor does it represent TVDE drivers and couriers in a legitimate way”.
On the other hand, that association considers “a manipulation of the working reality of drivers and couriers”, the information that circulated on social networks and in some media outlets that there would be a minimum wage. “It is a media maneuver by Uber Portugal and Uber Eats”, designed to “divert attention from the growing precariousness of work on the platforms, presenting a supposed solution that does not respond to the real needs of workers”.
The memorandum provides that Uber will guarantee that no courier or driver who chooses to be represented by SINDEL “will receive an income never lower than the national minimum wage during the periods in which they are providing services through their platforms, regardless of the prices charged to consumers”. This formulation was the one that led to mistakes, as the value/hour is at stake and not a monthly value. The agreement also offers drivers and couriers who sign up “insurance that includes protections in the event of an accident, disability, whether temporary or permanent, illness, parenthood and death”. But Vitor Soares says that they are also covered by mandatory insurance.
One of the reasons for the drivers’ disappointment has to do with the fact that they intend to equate their activity with subordinate work, something that is not foreseen in the legislation that regulates this activity _which can be occasional and without pre-defined hours_, and which is not part of the agreement now signed. In effect, The memorandum explains that “the provisions contained in this agreement that have the effect of improving the conditions of activity providers should not, in the opinion of the parties, be used as evidence of the existence of an employment relationship”.
Controversy numbers
TVDE’s activity has never ceased to be shrouded in controversy. Firstly due to the reaction of conventional taxis, which complained of unfair competition when they were introduced into the market, then due to the high proportion of migrant workers and suspicions of obtaining driving licenses fraudulently and also due to the lack of legal protection for many of these workers.
According to the most recent data from the Mobility and Transport Institute (IMT), There are around 38 thousand TVDE drivers registered in Portugal, with almost 30% failing the driving test. Of the total, 53% are of Portuguese nationality, with the second largest representation coming from Brazil (21%) and then India (10%). Professionals from more than 90 nationalities work in this sector..
In the city of Lisbon alone, 3873 companies were registered, almost four times more than in Porto (1078), while Setúbal had more than 800, Faro 512 and Braga 127. Despite the number of certified vehicles being 70 thousand, last March only 34,447 vehicles were active in the national territory.