A relação de trabalho entre a Uber e os motoristas: análise comparada das decisões judiciais que discutem o vínculo de emprego

Abstract

The transformations in the labor market are creating new relations and, in recent years, the impacts promoted by the emergence of different online platforms, part of the Gig Economy, bring to the fore the discussion concerning the flexibilization of labor rights. In view of this scenario, the focus of the present work was the analysis of the judicial decisions, both in Brazil and abroad, which involve the issue of recognizing or not Uber drivers employment status. We have identified that, despite the fact that countries have different laws regarding the requirements of the employment relationship, the arguments of decisions in cases involving drivers and UBER are very similar, both in foreign decisions, as in Brazilian. On the one hand, there is a growing concern with the precariousness of human work and, on the other hand, the question remains wether the entire population should be molded between employees and employers, and whether freedom and autonomy, inherent in online platforms jobs, even if mitigated, must differentiate them from the rest of the employed workers.