Análise da relação de emprego em plataformas digitais: o caso UBER

Abstract

The present work intends to demonstrate the existence of an employment relationship between the driver of Uber Platform and the company. In order to achieve the desired goal, a historical investigation of the employer-employee relationship will be necessary, going through the different modes of production from the beginning of the twentieth century with the emergence of Fordism, the flourishing of Toyotism, to the contemporary context of the world of job. It is necessary to differentiate the relation of employment of relation of work, which legally speaking are distinctly different. Regarding the employment relationship, its main characters will be brought in, by analyzing articles 2 and 3 of CLT / 43. However, the main focus with regard to the characteristics of the employment relationship will be insubordination. Regarding the jurisprudence, an investigation will be carried out regarding the position of the Brazilian justice regarding the issue, due to the growing number of lawsuits involving the driver and UBER as litigants. To prove the subordination between the driver and the UBER company will be our challenge in this work.