Uberização: uma análise crítica dos elementos essenciais à configuração da relação de emprego

Abstract

This monograph aims to study the development of the practices adopted by neoliberalism with a focus on reducing labor costs, sometimes by curbing employee rights, sometimes from classical interpretations of the elements essential to the configuration of the employment relationship, which certainly do not. dialogue with the new realities of digital workers. In this step, the study will inform the reader about the impacts of the mechanization of production processes, going through the so-called revolution 4.0, which introduced new technologies in the working environment capable of dynamizing the labor x employer relationship, reducing the need for labor as a machine the work of 5 employees is performed, for example. In this scenario, there was an increasing availability of labor, which without the possibility of negotiating with the employer, in the face of the large mass of unemployed, was subjected to new forms of work, working on digital platforms. The phenomenon of uberization of work has as a mantra by companies that explore the market that the relationship established is a partnership, being that it only plays an intermediary role, managing the application that connects the driver to the user. Furthermore, we analyze legal subordination, an element that is absent in the countless labor relations under the aegis of digital platforms, if interpreted according to a classic bias, and the need for a reformulation of its concept in view of the new employment relations originated by the flexibilization of Law of Labor.