INSS spending on sickness benefits for iFood delivery people could reach R$189 million per year

The expense varies depending on the total number of accidents. In a scenario with a lower index, it could reach R$8 million.

The calculations were made by Leonardo Rolim, a pension specialist and consultant in the area at the Chamber of Deputies, according to data contained in a public civil action by the MPT (Public Ministry of Labor) in Bahia. Last week, the Court in Bahia accepted the action and determined, by injunction, that Social Security pay sick pay to those who deliver for the company.

The count takes into account the total of 600,000 couriers registered by the platform and the number of accidents reported by the insurance company Metlife -contracted by the application- and those determined by the MPT.

In an optimistic scenario, according to Metlife, there would be 1,600 accidents in the year. If the injured delivery person receives a minimum wage of R$1,621 for three months, the government would have a cost of R$8 million per year. In the scenario envisaged by the MPT, with an average accident rate of 45.4%, and the granting of a minimum wage for three months, annual expenditure would exceed R$189 million.

In a note, INSS and AGU (Attorney General of the Union), which represents the federal government in court, state that they were not notified of the decision, but that the statement will be made at an appropriate time, in the action.

iFood states that it filed a request for reconsideration of the decision and that the injunction was granted without hearing the company, meaning that the app did not have the "opportunity to present its arguments before the decision".

"The company understands that the action presents points that have not been properly evaluated and that the obligations imposed by the injunction are incompatible with the legal model of autonomy that characterizes the relationship between digital platforms and delivery people", says the note.

"iFood clarifies that it already offers registered couriers resources similar to those mentioned by the MPT, such as insurance in case of accidents, psychological and legal support, assistance in case of absence due to illness, temporary incapacity or permanent disability, life insurance and funeral assistance."

MetLife also says it has not yet been notified. "If notified, the company will analyze the content of the decision and adopt the appropriate measures, in accordance with applicable legislation", states the note.

The Bahia Court's decision could bring other costs to the INSS because it determines the individual analysis of each case, without there being automatic denials. According to the action, it would be necessary to adapt the systems so that the delivery person could identify himself as such. In addition, he must send documents proving that the accident occurred while making deliveries for iFood.

According to lawyer Rômulo Saraiva, a Social Security specialist and Folha columnist, the injunction does not guarantee the automatic payment of sick pay to all injured delivery drivers. He states that there is no clear rule, but that the Court determines that it must be analyzed whether there is the right to payment, if the delivery person is Social Security insured and pays contributions on time.

"This is one of the obligations in relation to the INSS. To provide a kind of special service. Not just because it will register in the operational flow, but to analyze the technical nexus. The final word is at the discretion of the server. This decision came after complaints that the INSS was summarily denying the aid", he explains.

According to Saraiva, the Court was based on the service provision law, which determines that the company that hires an independent contractor must pay the INSS contribution.

"There is law 10,666, which says that when an individual provides services to a legal entity, that PJ has to withhold the social security contribution. And what do we have on iFood and other applications? Thousands of individuals providing services, without being an employment relationship. So the decision is based on this law.

Rômulo states that the determination made for the INSS burdens public coffers and affects the entire society. "There are a multitude of accident victims and we, in a way, are paying this bill for a company that has fantastic economic capacity", he says, referring to iFood's share capital included in the lawsuit, worth R$3.3 trillion.

For Leonardo Rolim, the financial impact would not be as high compared to other Social Security expenses, which pay out more than R$1 trillion in benefits per year, but the concern is with setting a precedent. The decision, currently restricted to iFood, could be replicated to other applications, such as 99Food, Rappi and Keeta.

He advocates that digital platforms start collecting some type of social security contributions from service providers, as is already the case in other forms of contracting, but recognizes that, without a specific law for this activity, there is not much that can be done.

In the action, the MPT states that work on platforms with a high number of workers without a formal employment relationship and exposed to risks is a problem that needs to be looked at by society.

The agency cites a survey carried out in Bahia according to which 47.6% of the delivery drivers interviewed said they had suffered an accident at work in the previous 12 months. The MPT investigation shows that the majority said they did not receive training, protective equipment, psychological support or access to adequate places to rest, drinking water and meals.

The investigation, however, began in 2022. Since then, iFood has changed some procedures. Today, there are rest points in some cities across the country and the goal is to end 2026 with 72 support points in 20 cities. Furthermore, the company offers seven types of insurance etc.

In cases of accidents, the average amount that the delivery person would receive is calculated depending on the number of hours worked on the platform, and how long they would be away based on the medical certificate. The amount is paid in a single