A uberização do trabalho e a divergência quanto à existência de vínculo empregatício : Uma análise á luz do artigo 3ª da CLT.

Abstract

Society is in constant evolution, going through countless social phenomena that end up generating impacts, whether positive or negative, to the individuals who experience them. In this scenario of incessant changes, Labor Law could not be immune to them, so it also undergoes changes. A proof of this is the emergence of uber labor, which comes into play as a direct consequence of the changes brought about by the unbridled advance of the technological world. Thus, new ways of working are being glimpsed, in a panorama where the goal is flexibility, freedom, without submission to control by anyone. However, as a consequence of this illusory autonomy there are thousands of lawsuits, where people tirelessly seek to be protected by the labor legislation, since there is no regulation for this type of activity. In the jurisprudence, there is a big discussion about the fulfillment of the employment relationship requirements. For the workers, there is legal insecurity and the growing precariousness of this activity. In this scenario, the question is: do these individuals, in fact, not meet the requirements to be classified as employees? What has led the jurisprudence to diverge from this problem? How have other countries positioned themselves in this regard? From these questions arose the present work, which has the methodological classification of a descriptive research. As far as the purpose is concerned, it is framed as being a basic strategic research. As far as the research method is concerned, the deductive method was used, and the procedure applied was the bibliographic and documental one. In conclusion, it was shown that, from a technical point of view, digital platform workers fulfill the legal requirements, but there is still divergence with regard to the subordination requirement, which leads to divergent decisions and corroborates the legal insecurity mentioned above. Moreover, it was also found that in most countries there is still the same divergence faced by Brazil, with the theme being pacified in a minority of nations.