scholarly journals AS NOVAS RELAÇÕES DE TRABALHO, PRECARIZAÇÃO E A DIGNIDADE DO TRABALHADOR NO MODELO UBER

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 311
Author(s):  
Bruno Roberto VOSGERAU ◽  
Rodrigo Thomazinho COMAR

RESUMOTrata o presente artigo da análise da prestação de serviços realizada pelo motorista mediante a intermediação feita pelo aplicativo UBER, tendo em vista a inovação apresentada em relação ao fator econômico e seus efeitos perante a estrutura clássica. O estudo também aborda o tema pelo viés trabalhista, seus efeitos em relação a natureza jurídica da relação, bem como o enfoque da Justiça do Trabalho no tocante a tal situação. No mesmo sentido, será abordada a questão acerca dos elementos que permitem concluir se o trabalho prestado respeita os direitos da personalidade do trabalhador, tais como o da dignidade da pessoa humana, bem como se tal situação esta em conformidade com a agenda do trabalho decente estabelecida pela Organização Internacional do Trabalho e se resulta em precarização das condições de trabalho. PALAVRAS-CHAVE: UBER; Trabalho decente; Precarização; Novas relações de trabalho. ABSTRACTIt deals with the present article of the analysis of the service rendered by the driver through the intermediary made by the UBER application, considering the innovation presented in relation to the economic factor and its effects before the classic structure. The study also addresses the issue of labor bias, its effects in relation to the legal nature of the relationship, as well as the Labor Justice approach to this situation. In the same vein, the question will be addressed as to whether the work performed respects the rights of the employee's personality, such as the dignity of the human person, and whether this is in accordance with the established decent work agenda by the International Labor Organization and results in precarious working conditions. KEYWORDS: UBER; Decent work; Precariousness; New working relationships.

2019 ◽  
Vol 26 (3) ◽  
pp. 325-347
Author(s):  
Matt Withers

Abstract Domestic worker migration can profoundly reconfigure unpaid care arrangements within migrant households, often exacerbating gendered inequalities in providing and receiving care. While the International Labor Organization has led rights advocacy around migrant domestic work, there remains a dearth of attention to the relationship between feminized migration and unpaid care. In Sri Lanka, this policy space has been occupied by the Family Background Report: a series of regulations that reinforce maternal caregiving by restricting the migration of women with young children. An alternative “decent care” approach, involving investment in local care infrastructure, could yield multiple benefits while promoting a gender-inclusive decent work agenda.


2018 ◽  
Vol 1 (1) ◽  
pp. 109-133
Author(s):  
Kartika Dewi Mulyanto

The existence of domestic workers or better known as domestic workers is no stranger to the life of Indonesian society. Domestic worker is a job that provides services to a family to do homework such as cooking, cleaning house, washing clothes and others. However, because there is no regulation that regulates domestic workers maximally, and there are often different degrees between employers and workers, there is a lot of violence against domestic workers. In 2011, the International Labor Organization issued an ILO Convention No. 189 on Decent Work for Domestic Workers. This Convention as evidence that domestic workers need to be legally protected as human beings with human rights. Based on the result of the research, it can be concluded that the act of ratification of ILO Convention No. 189 of 2011 on Decent Work for Domestic Workers needs to be done, in an effort to increase the protection of domestic workers' rights law, to increase the economy of domestic workers, and to raise the social status of domestic workers Indonesia. Abstrak Keberadaan pekerja rumah tangga atau yang lebih dikenal sebagai pembantu rumah tangga sudah tidak asing lagi dalam kehidupan masyarakat Indonesia. Pekerja rumah tangga merupakan suatu pekerjaan yang memberikan jasa kepada suatu keluarga untuk mengerjakan pekerjaan rumah seperti memasak, membersihakan rumah, mencuci baju dan yang lainnya. Namun karena belum ada regulasi yang mengatur pekerja rumah tangga secara maksimal, dan sering terjadi perbedaan derajat antara majikan dan pekerja, maka banyak terjadi kekerasan terhadap pekerja rumah tangga. Pada tahun 2011, International Labour Organization mengeluarkan suatu Konvensi ILO Nomor 189 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga. Konvensi ini sebagai bukti bahwa pekerja rumah tangga perlu mendapat perlindungan secara hukum sebagai manusia yang memiliki hak asasi manusia. Berdasarkan hasil penelitian dapat disimpulkan bahwa tindakan ratifikasi Konvensi ILO Nomor 189 tahun 2011 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga perlu dilakukan, sebagai upaya peningkatan perlindungan hukum hak-hak pekerja rumah tangga, peningkatkan ekonomi pekerja rumah tangga, serta menaikkan status sosial pekerja rumah tangga Indonesia.


1954 ◽  
Vol 8 (4) ◽  
pp. 570-577

The 125th session of the Governing Body of the International Labor Organization was held in Geneva on May 28 and 29, 1954, with Mr. A. M. Malik (Pakistan) presiding. Preliminary consideration was given to the agenda for the 39th session of the ILO Conference (1956), which, it was decided, would be comprised of the Director-Generals report, financial and budgetary questions, and information on the application of Conventions and Recommendations, The Director-General was requested to submit to the November session of the Governing Body reports dealing with the national law and practices of member states in the fields of (1) weekly rest in commerce and offices, (2) living and working conditions of indigenous populations in independent countries, and (3) forced labor. He was also requested to provide a general note on the conditions of plantation workers and on discrimination in the field of employment and occupation.


Author(s):  
Samir Amine ◽  
Wilner Predelus

The merit of employment regulations in a market economy is often measured by their effectiveness in facilitating job creation without jeopardizing the notion of “decent work,” as defined by the International Labor Organization (ILO). Consequently, the recent literature on employment legislation has extensively focused on the flexibility of the labor market, as a fair middle ground is always necessary to avoid undue distortions that can negatively impact the economy and worker's wellbeing. This chapter analyzes the provisions of the labor law in Haiti and how it affects job security and flexibility to observe a flexible structure that rather benefits employers. Notably, labor law in Haiti may have in fact rendered workers more vulnerable because these labor legislations were enacted on the assumption that employers and workers are on the same footing when it comes to industrial relations, while historic facts do not support such an assumption.


1955 ◽  
Vol 9 (1) ◽  
pp. 168-172

Governing BodyThe Governing Body of the International Labor Organization held its 127th session in Rome from November 16 through 19, 1954, under the chairmanship of Mr. R. Ago (Italy). After deciding that the 39th session of the ILO Conference should open in Geneva on June 6, 1956, and noting that, in addition to the regular agenda items, the questions of vocational training in agriculture and welfare facilities for workers were likely to be carried over from the 38th session, the Governing Body considered several reports put before it by the Director-General (Morse) relating to possible further agenda items for the 39th session of the Conference. A study on discrimination in the field of employment and occupation, and a note setting forth certain questions relating to conditions of plantation workers were also discussed. The Governing Body decided to add to the agenda of the 39th session three new items of 1) forced labor, 2) weekly rest in commerce and offices, and 3) living and working conditions of indigenous populations in independent countries. The Governing Body's Committee on Standing Orders and the Application of Conventions and Recommendations was instructed to give further consideration to various points relating to the organization of the work of the ILO Conference, and particularly to arrangements for discussion of the Director-General's report and the work of the Conference committee on the application of conventions and recommendations.


1949 ◽  
Vol 3 (3) ◽  
pp. 532-536 ◽  

The thirty-second general conference of the International Labor Organization opened in Geneva on June 8,1949. The conference was to consider, among others, seven separate items: 1) a Polish resolution on wages; 2) an international convention on wages; 3) changes in the voting procedure; 4) two conventions on migratory employment; 5) a convention on working conditions; and 6) a formal recommendation on vocational training.


Author(s):  
Caroline Jacques ◽  
Max Richard Verginio ◽  
Dimas de Oliveira Estevam

Cooperativism is based on the principles of cooperatives. They are applied, in practice, the cooperative values of free association and democracy for its members and are based on the fundamental rights. However, in the last two decades, in Brazil, the cooperatives began to hire workers on a low wage salary in a continuous and accelerated process. Taking into consideration that the hiring of workers by the cooperativism was not considered by its founding members, the formal hiring generated by cooperatives, all around the world, has increased. It is important to mention that the fundamental working rights notions started to exist due to the emergence of the concept of Decent Work. This concept was formalized by the International Labor Organization (ILO) in 1999, with the aim of promoting quality work opportunities, under the conditions of human freedom, equity, security and dignity. They are considered essential conditions for overcoming poverty, reducing social inequalities, guaranteeing democratic governance and sustainable development. In the research carried out in Brazil about this subject, it was identified that the employment opportunities generated by the cooperatives are closer to the concept of Decent Work when compared to those generated by the private sector. Thus, the present article aims to identify the connection between cooperativism and Decent Work through a bibliometric revision of literature. The methodological process used in the research was the bibliometric approach by applying co-word analysis. From the results obtained, it was not possible to establish a direct connection between cooperativism and Decent Work.  Nevertheless, the connection was identified indirectly in the articles that focused on this theme. Even though, the focus was on the associated membership and not on the hired employees.


Author(s):  
Sanabil Almubidin

The International Labor Organization (ILO) is a United Nations agency that sets international labor standards and promotes social protection and work opportunities for all. The ILO has 187 member states: 186 of the 193 UN member states plus the Cook Islands are members of the ILO. The tripartite structure is unique to the ILO where representatives from the government, employers and employees openly debate and create labor standards. The International Labor Office is the permanent secretariat of the International Labor Organization. It is the focal point for International Labor Organization's overall activities, which it prepares under the scrutiny of the Governing Body and under the leadership of the Director-General. The Office employs some 2,700 officials from over 150 nations at its headquarters in Geneva, and in around 40 field offices around the world. Among these officials, 900 work in technical cooperation programs and projects. In 1969, the organization received the Nobel Peace Prize for improving fraternity and peace among nations, pursuing decent work and justice for workers, and providing technical assistance to other developing nations.


2021 ◽  
Vol 10 (1) ◽  
pp. 466
Author(s):  
Viktor Makovii ◽  
Svitlana Voloshyna ◽  
Yaroslav Kushnir ◽  
Iryna Mykhailova ◽  
Serhii Tsarenko

The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.


Author(s):  
Stuart C. Carr

Humanitarian simply means putting people first. Humanitarian work and organizational psychology puts people first in at least two major ways. One is by enabling humanitarian workers and organizations (like aid charities, for instance) to become more effective in what they do. The other is by aiming to help make working conditions, regardless of sector or type of work, humanitarian. Before the COVID-19 pandemic, the International Labor Organization (ILO) associated the world of work with a range of inhumane and unsustainable working conditions. A ‘new normal’ for working conditions was insecure, precarious work, working poverty, and income inequality. Viewed through this lens, the COVID-19 virus became a disruptor, with the potential to either set back or dramatically advance the preexisting 2016–2030 United Nations Sustainable Development Goals (SDGs). The SDGs had been focusing, and subsequently refocused minds even more, on “eradicating poverty in all its forms,” everywhere. A focal point within humanitarian work and organizational psychology is that any eradication of poverty, post COVID-19, must include not simply a return to 2019-style economic slavery-like conditions but unfettered access to sustainable livelihood. Humanitarian work and organizational psychology arguably contributes toward advancing the SDGs, and putting people first, in at least four main ways. Using the metaphor of a house, first its foundations are ethical (serving empowerment rather than power), historical (in humanitarian work and human services like employee assistance programs), conceptual (replacing the idea of “job” with sustainable livelihood), and political (advancing new diplomacies for bending political will to humanitarian evidence and ethics). Second, its levels are systemic, spanning individual (e.g., selecting for humanitarian values), organizational (e.g., helping food banks during the COVID-19 pandemic, providing startup training for business entrepreneurs in low-income neighborhoods), and societal (advocating for humanitarian interventions like wage subsidies and other forms of social protection). Third, its spaces traverse poverty lines; minimum, living, and maximum wages; formal and informal sectors; and transitions and transformations among unemployment, underemployment, and decent work. Fourth, its vistas include promoting livelihood security for all by balancing automation with social protection like universal basic income (UBI), and organizational social responsibility (protecting the biosphere). In these ways we may also sustain our own livelihoods, as humanitarian work and organizational psychologists.


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