Uberização do trabalho: Da (in)existência de relação de emprego entre o motorista de aplicativo e a empresa Uber

Abstract

The relationship between the Uber company and drivers raises divergences as to its framing in the binary concept of autonomy-subordination of Brazilian Labor Law, since it is a new way of exploiting the workforce by the digital age. Due to the controversial nature of the relationship between them, labor lawsuits claiming the employment relationship are brought by workers and legislative proposals are being processed in Congress, with the aim of regulating the activity performed by the new proletariat of the digital age. The legal uncertainty that hovers over such workers makes their exploitation viable through a new mode of control and management of work activity, which hides paid work. This research proposes an analysis of the factual and legal requirements that characterize the employment, through a bibliographic examination, as well as the judgment handed down by the 4th class of the TST and legislative proposals on the subject to show that these workers, although are part of a new organizational model of companies, work in a subordinate job under the guise of modernity.