A precarização das condições de trabalho pela uberização: necessidade da proteção jurídica nas novas relações laborais
This monograph has as its central theme the need for legal protection from the perspective of digital on-demand work, more specifically the case of application drivers (UBER). The theme has great social and legal relevance, as the society is marked by the dissemination of this new type of work, bein...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51636 |
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| Resumo: | This monograph has as its central theme the need for legal protection from the perspective of digital on-demand work, more specifically the case of application drivers (UBER). The theme has great social and legal relevance, as the society is marked by the dissemination of this new type of work, being essential to analyze the problem from the point of view of the protective hermeneutics of Labor Law. The specific objectives are to discuss the hermeneutics of Labor Law, analyze the application drivers' hyper reality contract, evaluate the occurrence of precarious work and establish guidelines to guarantee respect for the human dignity of uberized workers. In order to fulfill these objectives, the bibliographic research is adopted as a research methodology, associated with empirical research regarding the working conditions of application drivers through the appliance of a virtual questionnaire and by conducting a case study of Brazilian jurisprudence regarding the discussion of the employment relationship of drivers with the company UBER. It also adopts a critical and legal analysis of data obtained empirically and from bills of law that seek to regulate this new category of workers. Regarding the results, the precarious working conditions of the application drivers were observed, because they work for exhaustive hours and without guarantee of minimum labor rights in violation of the dignity of the human person and the concept of decent work. The possibility of recognizing the employment relationship of these new workers was observed through the application of the current legislation, especially due to the existence of algorithmic subordination. It also defends the need to protect these workers through updated interpretation of current legislation, by the regulation of a specific law, which under no circumstances can rule out the possibility of recognizing the employment relationship, or even by applying the concept of decent work and the principle of human dignity. Finally, it presents the principles of FairWork (Oxford University and ILO) as a source of inspiration for that regulation. |
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