A pejotização nas relações de trabalho dos profissionais da saúde na perspectiva dos princípios trabalhistas

Abstract

The present work aims to analyze the phenomenon of pejotization, a way for employers to defraud the employment relationship through the constitution of Legal Entity (PJ) by the employee, making the employment relationship is not present and, therefore, workers will not have guaranteed none of their labor rights. Faced with such fraud, the workers have sought the Judiciary in order to have the employment relationship. The method used will be the literature review and analysis documentary. Initially, the difference between employment relationship and autonomous work relationship - which are species that embody the relationship of lato sensu work, which is gender – explaining more in depth the employment relationship and its characterizing elements. Later, a general explanation will be given. about pejotization, its functioning and the reasons that make it so harmful to the worker, also interpreting art. 442-B of the CLT, showing the existing understandings of the standard and demonstrating that it is not a legislative permission for the practice of pejotization. Finally, an analysis will be on fraud in the hiring of health workers, the specific elements on how to mask the employment relationship in these cases is even more cruel and observing the principles of primacy of reality and primacy of unavailability of rights, which must be applied in practice, as a way for the Judiciary to repel the pejotization, affecting the employment relationship to the detriment of fraud, when there are requirements for setting up the employment relationship, noting how decisions on the subject have positioned themselves in this regard, being also demonstrated the need to standardize the gaps left on the subject, as a way of increasingly inhibiting employers from making use of the pejotization