Autonomia versus relação de emprego: o caso do motorista da Uber

Abstract

The present work analyzed the legal nature of the relationship between the driver and Uber Technologies (Uber), a North American transnational company whose main activity is the provision of private transport services. Based on this relationship, the presence of the constitutive elements of the employment relationship found in articles 2 and 3 of the Consolidation of Labor Laws were analyzed: habituality or non-event, subordination, personality and onerosity. In addition, Uber's business model was examined, with the aim of observing whether the company acts as a mere intermediary between driver and passenger or if there is an action of employer power, through the direction, inspection and punishment of conduct carried out by drivers. in the work routine. Despite the international trend of recognizing the employment relationship or at least recognizing some labor rights to these drivers, the reiterated understanding of the Superior Labor Court is that the aforementioned worker is self-employed. From the analysis carried out, as well as the legal framework of the relationship between driver and Uber in the necessary legal requirements to characterize the employment relationship, it was concluded that the non-recognition of the employment relationship by Uber's business model violates labor standards, in addition to validating the precariousness of work and the disproportionate burden on the driver partner