Navegando por Assunto "Decent work"

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Acesso aberto (Open Access)
A negociação coletiva dos trabalhadores de plataforma digital sob demanda via aplicativo à luz do trabalho decente
(Universidade Federal do Pará, 2021-09-28) LOPES, Ana Carolina Alves; AZEVEDO NETO, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; https://orcid.org/0000-0001-5837-0029; MARANHÃO, Ney Stany Morais; http://lattes.cnpq.br/5894619075517595; https://orcid.org/0000-0002-8644-5902
This study was developmented with the objective to analyze how collective bargaining by workers on demand via apps could be a viable instrument to be used by those under perspective of decent work. For this purpose, a doctrinal study was sought about the historical-legal concept and conception of decent work and collective bargaining. The possibility of carrying out collective bargaining and its intrinsic correlation with the pursuit of more decent work for workers was analyzed. This research also investigated the current scenario of digital platform workers, highlighting work on demand via app. An investigation was developmented on the legal status of workers on the digital platform on demand via app in Brazil, and the relevant Bills and jurisprudence of the Superior Labor Court were examined. It was also presented in this research, important court decisions and legislation from other countries on the legal status of digital platform workers. This research followed the deductive method, since the treatment and interpretation of the bibliography surveyed took place through content analysis, in an interactive process, in order to try to explain the phenomenon studied. The survey results showed that, despite the practical difficulties encountered in the context of digital platform workers on demand via app in Brazil, such as their indeterminacy of a legal nature disposal and, consequently, of the guaranteed rights, as well as the fragmentation of workers and diversity of profiles and also their difficulty of self-recognition as a category, it is already possible to glimpse an important collective mobilization of them, both in social networks, as in the formation of professional groups and associations, and also in the creation of various unions in Brazil. Thus, demonstrating the intention of workers to gain greater visibility and support and, consequently, be able to collectively negotiate with digital platforms. It was concluded positively for the hypothesis raised in this research, where collective bargaining seems to be a viable way to achieve decent work for workers with digital platform on demand via app in Brazil, under two main aspects: for the freedom to exercise autonomy collective private per se and for the negotiation strengthening to promote both the recognition and the application of rights and better working conditions.
Acesso aberto (Open Access)
Trabalho escravo contemporâneo e danos extrapatrimoniais: uma análise da jurisprudência do Tribunal Regional do Trabalho da 8ª Região (2018-2019)
(Universidade Federal do Pará, 2021-03-05) OLIVEIRA, Rejane Pessoa de Lima; TRECCANI, Girolamo Denicoom; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
Labor analogous to slavery is still one of the forms of exploitation of workers used in the production of capital, a practice that weakens the democratic-social system established by the Constitution of the Brazilian Federative Republic. And this crime needs to be combated both in the criminal sphere and in the labor sphere. Aiming to eradicate this conduct, the present research proposed to present greater visibility to the fight of this crime through the repair of immaterial damages, the origin of which comes from civil liability, one of the legal institutes that most evolved in the law and that needs to be revealed, through studies that demonstrate this behavior in regional labor jurisprudence. Off-balance-sheet damages, now in comment, for the first time were standardized with the labor reform, implemented by Law No. 13,467 / 2017, characterizing one of the changes in the text of the Consolidation of Labor Laws that most brought divergence and discontent to the working class and that, even the present date, still has its constitutionality questioned. Aiming to highlight the indemnity for moral and existential damages caused as a result of the criminal conduct of contemporary slave labor, bibliographic research, mainly of books, legal publications, periodicals and newsletters, was used as methodology to give theoretical support to the study, as well as for the analysis the jurisprudence produced by the Regional Labor Court of the 8th Region. It also used field research, with the purpose of surveying the number of judgments judged by the referred Court in the years 2018 and 2019, and systematizing them in a database, in order to analyze the theses produced by the respective Classes , counting until the end of 2019, 192 (one hundred and ninety-two) judgments. Several tables and graphs were also built, which made it possible to prospect the result of the investigative process. This process used knowledge of the concept and characterization of the entire framework of knowledge about labor analogous to slavery, as well as non-patrimonial damage, in order to build, through the deductive method, knowledge about judicial decisions. Although the Regional Labor Court of the 8th region recognizes the reimbursement of moral damages and the newest positive existential damage, that is, damages to the life project and to the life of relationships in the practice of slave-like work, it was still evident that in the illegal conduct arising from the proof of the respective damage, degrading work conditions and strenuous work hours were detected. It has also been proven that these characteristics of work analogous to slavery are being denied by the majority of the Regional Labor Court's Groups, thus, it is not being enough to condemn off-balance sheet damages, which has shown resistance on the part of the jurisprudence of this regional. This fact is the result of the precariousness that work has been suffering from the current political, economic and social reality that, although it seeks decent work, permeates the loss of rights resulting from class struggles, such as the minimum day, as well as loss of guarantees protection for workers in general.