Direito do trabalho: crediaristas de Tenente Ananias-RN são empregados ou trabalhadores autônomos?

Abstract

This monographic study aimed to diagnose in any branch of the employment relationship fits most men in a small town in the interior of Rio Grande do Norte, specifically known as Tenente Ananias-RN, 450 km the Capital, through the fieldwork was carried out a questionnaire with seventeen items, fifty workers were interviewed, given the large numbers of workers and are more known, popular throughout the upper west region Potiguar as "PERFUMEIROS". However, besides the method of research was used to the doctrine and law as a legal exegetic as complementary source of this work. This study aims at the end, know in which category of the employment relationship fits these workers, employees or freelance workers, because a priori, the term "crediarista" refers to a concept of labor relations work called autonomous. Thus, it was addressed, in detail, these two institutes - the employment and self employment - through jurisprudential and doctrinal concepts, aiming to conclude a final, because that would be crucial because the guarantees and protections from the relations of work are more favorable to the worker that your employer has with an employment relationship, therefore governed by the Consolidacoes das Leis do Trabalho, unlike the independent work that has special rules, but not guaranteed labor as those offered to employees. The questionnaire applied to workers was the main piece to reveal the perfumeiro laborer is not the final seller, supplier of most goods to someone who will convince him to sell the products that have. The latter is the seller, but not for keeps with the first no compromise in productivity and legal compliance, it is not selling anything, the merchandise is returned to the worker perfumeiro, so it is perceived that the seller, called a client by perfumeiros , is the independent worker, not the workers perfumeiros. Thus it is easy to see that only the existence of laws guaranteeing rights and obligations is not sufficient unless there is a positive attitude by not only civil society more especially of public authority, in this case the Superintendencias Regionais do Trabalho.