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“"Gig Economy" and the Classification of Workers

November 27, 2025

The expansion of the so-called "Gig Economy" has gained global prominence. The "Gig Economy," or "sharing economy," refers to a work model based on the provision of specific services, by task or project, usually mediated by digital platforms, such as ride-hailing apps. In this system, the worker operates as an independent contractor, without a formal employment contract, and is paid according to the service performed.

Basically, the gig economy has the following characteristics: i) absence of a formal employment relationship; ii) possibility of providing services to multiple clients; and iii) sporadic work schedule.

While it offers flexibility and reduced operating costs for companies, this model also raises debates about labor rights, social protection, and the responsibility of companies to ensure decent and safe working conditions.

From a legal standpoint, the main challenge for companies lies in correctly defining the nature of the established employment relationships, since recognizing an employment relationship between the company and service providers implies assuming all corresponding labor, social security, and tax obligations. Furthermore, this type of contracting is under increasing scrutiny from regulatory bodies and entities dedicated to protecting human rights, which significantly increases the risk of administrative penalties, collective lawsuits, and reputational damage to organizations.

In Brazil, decisions vary depending on the case: there are situations where an employment relationship is recognized between workers on digital platforms and the companies, while in others the autonomous provision of services is reaffirmed. The response to these challenges may involve the creation of specific regulations or the adaptation of existing legislation to more accurately reflect the reality of the gig economy.

Furthermore, international experience already shows significant changes in the legal framework for these workers, which tends to have a direct impact on companies with global operations or those integrated into multinational production chains.

Therefore, it is essential that companies invest in reviewing their contractual practices, service delivery policies, compensation models, and working conditions in order to prevent labor liabilities and ensure compliance with increasing regulatory and social responsibility requirements. This proactive approach not only reduces legal risks but also strengthens the institutional image and demonstrates the organization's commitment to ethical and sustainable practices aligned with the new dynamics of the labor market.

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Rafael Mello

+55 11 3090-9195

Israel Carneiro Cruz

+55 11 3090-9195

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