scholarly journals MOTORISTAS DE APLICATIVOS DE TRANSPORTE PRIVADO E A POSSIBILIDADE DE RECONHECIMENTO DO VÍNCULO EMPREGATÍCIO

2021 ◽  
Vol 25 (1) ◽  
pp. 354
Author(s):  
Saulo Nunes de Carvalho Almeida ◽  
Bianca Lima Barros
Keyword(s):  
Analytical Procedure ◽  
Employment Relationship ◽  
Methodological Aspect ◽  
New Work ◽  
Work Relations ◽  
Labor Legislation ◽  
Private Transportation

O presente estudo se propôs a analisar a possibilidade de reconhecimento do vínculo de emprego de motoristas que utilizam aplicativo de transporte disponibilizado pela criadora e administradora deste. A justificativa para o objeto deste trabalho repousa na necessária investigação jurídica direcionada a enfrentar a ausência de legislação trabalhista específica para tratar a matéria. Como aspecto metodológico, adota o procedimento descritivo-analítico, pesquisa bibliográfica e jurisprudencial, de forma documental através de normas, livros e artigos científicos. Sendo capaz assim, de concluir que diante dos padrões e conceitos clássicos existentes, a relação apresentada e estudada não se enquadra como relação de emprego. Conclui, ainda, que se faz necessário rever conceitos e normas para adequá-las às novas relações de trabalho que surgem em detrimento da tecnologia.DRIVERS OF PRIVATE TRANSPORTATION APPS AND THE POSSIBILITY OF RECOGNITION OF THE EMPLOYMENT LINKAbstractThe present study aimed to analyze the possibility of recognizing the employment link of drivers who use a transport application made available by the creator and administrator of this. The justification for the object of this work rests on the necessary legal investigation aimed at addressing the absence of specific labor legislation to deal with the matter. As a methodological aspect, we adopted the descriptive-analytical procedure, bibliographic and jurisprudential research, in a documental way through norms, books, scientific articles. Being able to conclude that in view of the existing classical patterns and concepts, the relation presented and studied does not fit as a employment relationship. However, it is also concluded that it is necessary to revise concepts and norms to adapt them to new work relations that arise at the expense of technology.Keywords: Uber App. Recognition of the Bond. Drivers. Requirements of the employment relationship

The Contractualisation of Labour Law

2018 ◽  
pp. 33-47
Author(s):  
John Gardner
Keyword(s):  
Common Law ◽  
Employment Relationship ◽  
Labour Law ◽  
Work Relations ◽  
Contractual Relationship ◽  
The World ◽  
British Labour ◽  
The Common ◽  
The Law ◽  
Main Ideas

This chapter explores the idea that labour law rests on ‘a contractual foundation’, and the idea that work relations today are ever more ‘contractualised’. Section 1 lays out some essentials of British labour law and its connections with the common law of contract. Section 2 explains what contractualisation is, not yet focusing attention on the specific context of labour law. The main claims are that contract is not a specifically legal device, and that contractualisation is therefore not a specifically legal process, even when the law is complicit in it. Section 3 shifts attention to the world of work, especially the employment relationship. Here the main ideas are that the employment relationship is not (apart from the law) a contractual relationship, and that all the norms of the employment relationship cannot therefore be captured adequately in a contract, legally binding or otherwise. Section 4 illustrates the latter point by focusing on the rationale and the limits of the employer’s authority over the employee. A contractual rationale yields the wrong limits. It gives its blessing to authoritarian work regimes and lends credence to the miserable view that work is there to pay for the life of the worker without forming part of that life. Throughout the chapter there are intimations of the conclusion drawn in section 5: that contractualisation, in the labour market at least, is a process that lovers of freedom, as well as lovers of self-realisation, should resist—or rather, should have resisted while they still had the chance.

scholarly journals THE MODEL OF OUTSOURCING WORK RELATIONSHIP IN GLOBALIZATION ERA OF LABOR MARKET BASED ON PANCASILA

2018 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Mashari Mashari
Keyword(s):  
Labor Market ◽  
Employment Relationship ◽  
Labor Costs ◽  
Severance Pay ◽  
Employment Relationships ◽  
Work Relations ◽  
Relationship Model ◽  
Work Relationship ◽  
Industrial Disputes ◽  
The Government

<span class="fontstyle0">The outsourcing relationship model in the globalization of the labor market based on Pancasila is still reaping controversy among workers and employers. The issue of outsourcing employment relationships in the globalization era of the labor market is a common need among workers, employers and governments. In the implementation of this outsourced employment relationships lead to inconsistency in the element of the employment relationship itself, because workers get orders from employers, whereas employment agreements are made between workers and the Worker Service Company. This inconsistency leads to industrial disputes between outsourced workers and employers. The concept of outsourcing work relations in the era of labor market globalization is a product of liberalism adopted by the Indonesian people when entrepreneurs feel overwhelmed by high labor costs and obliges to provide severance pay, rewards of employment and compensation as regulated in Law Number 13 2003. The implementation of work relations between workers, employers and the government must be in accordance with the souls contained in the precepts of Pancasila, meaning that all forms of behavior of all subjects involved in the process must be based on the noble values of Pancasila as a whole. Outsourcing employment relationship model in the era of labor market globalization based on Pancasila has not run as expected, there are still many problems in the unfinished work of outsourcing industry. The outsourcing work relationship based on Pancasila should make employers and workers no longer across but have the same goal to achieve profit.</span>

scholarly journals A Reforma Trabalhista e o empregado intermitente: instrumento de precarização dos direitos trabalhistas

2019 ◽  
Vol 4 (1) ◽  
pp. 34-61
Author(s):  
Cláudio Janotti Da Rocha ◽  
Francisco Matheus Alves Melo
Keyword(s):  
Economic Recession ◽  
Comparative Law ◽  
Employment Relationship ◽  
Labour Law ◽  
International Human Rights ◽  
Labor Legislation ◽  
Country Market ◽  
International Human ◽  
Working Day ◽  
Labor System

RESUMO:Diante das mudanças da realidade do mercado de trabalho e das crises econômicas que afetaram a situação brasileira a partir de 2008/2009, pode-se ver o fortalecimento do discurso neoliberal como instrumento apto e capaz de resolver todos os problemas, como se fora uma fórmula mágica para tudo e todos, tendo como foco central as Reformas Trabalhista e Previdenciárias, prevendo a drástica redução de direitos assegurados constitucionalmente. Nesse diapasão, cresce a pressão para flexibilizar a legislação trabalhista de modo a tornar o país market friendly e superar a recessão econômica e os altos índices de desocupação. Assim, aprovou-se a Reforma Trabalhista em caráter de urgência, modificando diversas normas do sistema justrabalhista. Dentre estas mudanças, tivemos a incorporação de diversas modalidades empregatícias estratificadas, voltadas a precarizar a relação de emprego tradicional (prestada por pessoa física, subordinada, habitual, com direito à jornada de trabalho de oito horas diárias e 44 horas semanais e remunerada). Sob o enfoque do empregado intermitente, o presente estudo analisa as normas celetistas em face da Constituição, do Direito Comparado e dos Tratados Internacionais de Direitos Humanos. ABSTRACT:Faced with the changes in the reality of the labor market and the economic crisis of 2015, we can see the strengthening of the neoliberal discourse, as an apt instrument and savior of all problems, as if in fact it was the magic formula of everything and everyone. In this context, the pressure is growing to make labor legislation more flexible in order to make the country market friendly and to overcome the economic recession and high rates of unemployment. Thus, the Labor Reform was approved as a matter of urgency, modifying various norms of the labor system. Among these changes, we had the incorporation of several stratified employment modalities, aimed at precariousness of the traditional employment relationship (provided by individual, subordinate, habitual, entitled to a working day of eight hours a day and 44 hours a week and remunerated). Focused on the intermittent employee, this study analyses the changes in the Brazilian Labour Law compared to the Constitution, the Comparative Law and the International Human Rights Trades.  

scholarly journals Regarding the Problem of Legislative Definition of Labor Legislation’s Competence, the Concept and Features of Labor Relations

2021 ◽  
Vol 80 (1) ◽  
pp. 124-129
Author(s):  
В. С. Венедіктов ◽  
К. Ю. Мельник
Keyword(s):  
Labor Relations ◽  
Employment Relationship ◽  
Guidance And Control ◽  
Labor Legislation ◽  
Personal Nature ◽  
Points Of View ◽  
Personal Performance ◽  
Definition Of ◽  
Basic Features ◽  
And Control

The authors have studied the norms of the draft Law of Ukraine “On Amending the Labor Code of Ukraine to Define the Concept of Labor Relations and Features of Their Existence” dated from February 9, 2021 No. 5054. The scholars’ points of view on understanding the competence of labor legislation, concepts and features of labor relations have been studied. The authors have determined the expediency of introducing the norms suggested by the draft Law for inclusion in the Labor Code of Ukraine in relation to the competence of labor legislation, concepts and features of labor relations. Recommendations for solving the identified problems have been formulated. It has been offered to reflect the main features of labor relations in the concept of “labor relations” contained in Part 1 of the Art. 21 of the Labor Code of Ukraine provided by the draft Law, as well as to introduce a norm in the Art. 21-2 of the Labor Code of Ukraine of the following wording: “Work may be recognized as being performed within the employment relationship, if there are basic features of the employment relationship”. The main features of labor relations are as follows: 1) personal nature. Personal performance of work by an employee on a specific qualification, profession, position; 2) paid nature. Systematic payment of the salary for the performed works by an employer to an employee; 3) the nature of subordination to an employer. Work is performed by an employee on behalf of, under the guidance and control of an employer. The authors have suggested own definition of the term of “labor relations”, which is understood as a voluntary two-way communication between an employee and an employer, which involves personal performance of the work by an employee defined and paid by an employer under his guidance and control. The authors have developed own edition of the Art. 3 of the Labor Code of Ukraine; and have improved the provisions of the draft Law of Ukraine “On Amending the Labor Code of Ukraine to Define the Concept of Labor Relations and Features of Their Existence”.

scholarly journals THE EXTRAORDINARY ASPECTS OF LABOR RELATIONS

2020 ◽  
Author(s):  
Pavlina Ivanova ◽  
Keyword(s):  
Working Conditions ◽  
Labor Relations ◽  
Employment Relationship ◽  
Working Environment ◽  
Regulatory Requirements ◽  
Employment Relationships ◽  
Regulatory Changes ◽  
Labor Legislation ◽  
New Forms Of Work ◽  
Safe Working

The unprecedented situation in 2020 put employers in a state of uncertainty and challenged them to find new forms of work, maintain employment relationships, ensure a safe working environment and working conditions, and at the same time comply with regulatory requirements. In this context, labor legislation has had to be adapted to the new circumstances in which the elements of the employment relationship have acquired "extraordinary" aspects. The purpose of this report is to review new aspects of labor relations in a pandemic environment, discussing regulatory changes, their consequences and opportunities.

scholarly journals THE LEGAL PROTECTION OF ATYPICAL WORKERS IN INDUSTRY 4.0

2020 ◽  
Vol 8 (2) ◽  
pp. 31-40
Author(s):  
I Wayan Gde Wiryawan ◽  
Dewi Bunga
Keyword(s):  
Industry 4.0 ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Employment Relationship ◽  
Problem Analysis ◽  
Literature Study ◽  
Work Relations ◽  
The Future ◽  
Work Contract

The Industry 4.0 or the Fourth Industrial Revolution has provided a paradigm shift towards the way of work. The emergence of millennial groups that avoid attachment, give birth to a new working relationship called atypical work. This type of employment relationship means that the employment relationship between the employer and the worker without the existence of a long-term work contract, the provision of additional facilities, salaries and pensions, or other benefits that are usually obtained by typical workers. The atypical worker relationship is outside the context of the employment relationship as referred to in Law No.13 of 2003 on Employment. This study discussed about 1) What is the position of employers and workers in atypical work relations? 2) What is the legal protection for atypical workers in the Industry 4.0 in the future? This research is a normative legal research that examines the void of norms regarding legal protection of atypical workers. The legal material in this study consists of primary and secondary legal materials. The legal materials are collected through literature study. The problem analysis is done qualitatively. The position of employers and workers in atypical work relations is equivalent based on agreements made between the parties. This condition requires a high literacy of rights and obligations in the employment field. The legal protection for atypical workers in the Industry 4.0 in the future is to provide economic, social and technical protection to the workforce.

scholarly journals FEATURES OF CONFLICT-OF-LAWS REGULATION OF INTERNATIONAL WORK RELATIONS

2021 ◽  
pp. 103-108
Author(s):  
K. M. Buriak
Keyword(s):  
Professional Training ◽  
Legal Regulation ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Work Relations ◽  
Overtime Work ◽  
Labor Legislation ◽  
The Law ◽  
Work Abroad ◽  
Personal Law

 The article provides a comprehensive legal study of the basic principles of conflict-oflaws and legal regulation of work, complicated by a foreign element. It is determined that work relations complicated by a foreign element include: work of local citizens with foreign employers outside their country; foreign business trips of citizens to work abroad; work at enterprises owned by foreign entrepreneurs on the territory of their state; work of foreigners in the host state. It is noted that conflict-of-laws issues in the field of work relations complicated by a foreign element arise due to the specifics of the national legislation of each of the countries and the inconsistency of private international law in this area. The article analyzes the peculiarities of work of foreigners in Austria, Brazil, Canada, China, Romania, USA, Tunisia, Hungary, Ukraine, France, Germany, Czech Republic, Sweden, Switzerland, Japan. Based on the analysis it is concluded that the working conditions of emigrants are regulated by Public Law Regulations, which are mandatory and less humane in their content than the general conditions established by the general labor legislation and collective agreements. Foreign workers are directly dependent on entrepreneurs due to threats of expulsion, language difficulties, lack of professional training and other reasons. It is characterized by free overtime work, non-provision of vacations and sick leave. The article describes the conflict-of-laws bindings, which regulate work relations complicated by a foreign element, namely: the law of the autonomous will of the parties, the law of the place of performing of work, the law of the location of the employer, the law of the place of conclusion of an employment contract, the principle of the employer's personal law, the law of citizenship (domicile), the law of the flag, the principle of the closest connection. The features of the operation of conflict-of-laws bindings regulating work relations complicated by a foreign element in countries of different legal families are considered

scholarly journals A REFORMA TRABALHISTA, COM FOCO NO PRINCÍPIO DA SUBORDINAÇÃO, DA BOA-FÉ E DA PROTEÇÃO

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 100-105
Author(s):  
Luís Henrique Ramos Alves ◽  
Alan Rodrigo Bicalho
Keyword(s):  
Employment Relationship ◽  
Personal Interest ◽  
Labor Reform ◽  
Labor Legislation

The Labor Reform promulgated in 2017 brought numerous changes in the labor legislation that guarded at the time. Among the changes there is the possibility of negotiations between companies and unions or employees. These negotiations have a greater weight compared to the previous rule, allowing even those agreements to overlap with the legislated. With this we can conclude that such negotiations may not be fully effective, since we have disproportionate parts within the employment relationship and it is not possible for employers to negotiate with employees on account of Subordination. In addition the parties will place their personal interest above all, by acting without ethics, and the protection of the employee is out of the question

Statistical analysis of classification

1966 ◽  
Vol 24 ◽  
pp. 188-189
Author(s):  
T. J. Deeming
Keyword(s):  
Multivariate Analysis ◽  
Statistical Analysis ◽  
Classification Scheme ◽  
Analytical Procedure ◽  
Narrow Band ◽  
Scientific Research ◽  
Maximum Amount ◽  
Amount Of Information

If we make a set of measurements, such as narrow-band or multicolour photo-electric measurements, which are designed to improve a scheme of classification, and in particular if they are designed to extend the number of dimensions of classification, i.e. the number of classification parameters, then some important problems of analytical procedure arise. First, it is important not to reproduce the errors of the classification scheme which we are trying to improve. Second, when trying to extend the number of dimensions of classification we have little or nothing with which to test the validity of the new parameters.Problems similar to these have occurred in other areas of scientific research (notably psychology and education) and the branch of Statistics called Multivariate Analysis has been developed to deal with them. The techniques of this subject are largely unknown to astronomers, but, if carefully applied, they should at the very least ensure that the astronomer gets the maximum amount of information out of his data and does not waste his time looking for information which is not there. More optimistically, these techniques are potentially capable of indicating the number of classification parameters necessary and giving specific formulas for computing them, as well as pinpointing those particular measurements which are most crucial for determining the classification parameters.

Process Accountability as a De-Escalation Technique

2020 ◽  
Vol 19 (2) ◽  
pp. 63-74
Author(s):  
Klaus Moser ◽  
Hans-Georg Wolff ◽  
Roman Soucek
Keyword(s):  
Cognitive Processes ◽  
Information Search ◽  
Employment Relationship ◽  
Escalation Of Commitment ◽  
Tunnel Vision ◽  
Course Of Action ◽  
Performance Problems ◽  
Over Time ◽  
Biased Information

Abstract. Escalation of commitment occurs when a course of action is continued despite repeated drawbacks (e.g., maintaining an employment relationship despite severe performance problems). We analyze process accountability (PA) as a de-escalation technique that helps to discontinue a failing course of action and show how time moderates both the behavioral and cognitive processes involved: (1) Because sound decisions should be based on (hopefully unbiased) information search, which requires time to gather, the effect of PA on de-escalation increases over time. (2) Because continuing information search creates behavioral commitment, the debiasing effect of PA on information search diminishes over time. (3) Consistent with the tunnel vision notion, the effects of less biased information search on de-escalation decrease over time.

Sign in / Sign up

Export Citation Format

Share Document