A negociação coletiva dos trabalhadores de plataforma digital sob demanda via aplicativo à luz do trabalho decente

Abstract

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.