Condutas extralaborais nas redes sociais como critério utilizado na seleção e na contratação de empregados: (in)compatibilidade com os direitos fundamentais dos trabalhadores?

Abstract

The theme dealt with by the work refers to the behavior of employers to use extralaboral behaviors of workers, manifested in social networks, as a criterion for selection and hiring of employees. Being, therefore, a matter of social, academic and professional interest. The method used for the discussion was the dialectic, just as bibliographical and qualitative research was used. With the influence of new technologies in the world of work, the procedures for selecting and hiring candidates for job vacancies have developed new forms that better serve the market and the purpose demanded by employers. Cybernetic means of selection has been widely used. The problem is that with so much research that the internet provides, employers have used the information displayed on social networks to select the candidates that interest you the most. But when using data relating to the candidate's private life, the employer may be engaging in discriminatory acts, prohibited by law, that lead to legal redress. In this sense, the fundamental rights of freedom of expression of the employee and freedom to contract the employer collide, requiring the use of weight in concrete cases and revealing a need for regulation and imposition of limits in the pre-contractual phase of labor, to avoid abuses of the "part stronger".