O “cibertariado’’ enquanto nova forma de trabalho: a (im)possibilidade de reconhecimento de vínculo empregatício

Abstract

As it is set in the field of employment law, this course conclusion work aspires to analyze the possibility of having or not having recognition of employment relationship between employees and the technology companies that provide intermediation services by apps. This research aims to understand the new modality of exploitation of productive force, which is called Cybertariat, observing the social and enconomic contours that imply on the employee’s vulnerability. For that, the historical, legal and social bibliographic study about the normative of Labor Law was chosen. It is about the technological evolution, the rising levels of social hardship for a part of the population, and how the digital platforms have benefited from this productive force, which it is currently dependent on the new technology recourses. Additionally, it was intended to observe the judicial decisions that argued about the recognition of the employment relationship or not. Thereby, it was sought to show the fragility that the employees who are in this situation are living, in order to promote the thought of how the workers’ legal protection can be guaranteed, to even the effects of this new employment contract. As theoretical background, some authors such as Alice Barros and Maurício Delgado inquired into labor standards; in the study of the historical perspective, works of Drath & Horch, Sene & Moreira and Vicentino & Dorigo were chosen; in regard to the Cybertariat, the concepts of Ricardo Antunes and Ursula Huws were applied. It is believed that this research is useful to deepen the debate about the possibility of recognizing the employment relationship between the employees and the technology companies, such as Uber, Ifood, 99, Rappi. Thus, it is seen the ability of this work on demonstrate that it is fully possible to have an employment relationship configuration inserted in the Cybertariat phenomenon, since the employees find themselves under the command of the corporate guidelines through exhaustive working hours, having objectives and goals to achieve, although there is the attempt of framing them as freelancers.