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The easing of labour rights ahead the new forms of labor: the reflections of new technologies of the information society in labor law

Grant number: 15/22992-0
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): January 01, 2016
Effective date (End): December 31, 2016
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal researcher:Victor Hugo de Almeida
Grantee:Murilo Martins
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The sharing economy, as recent term, portrays a new form of economy, based on relationships between people, exchange between individuals. Also known as peer-to-peer economy, the sharing economy has as a principle not the ownership of the property, but sharing the same item for a community. One of the products of this new economy, UBER, has emerged as a sharing transportation service, changing the branch previously occupied only by taxi drivers. Besides the issue of legality of the service, also stands the relationship between the drivers and the company, which does not consider them as employees, but partners. The UBER is considered as a service partner, assisting in the connection between a user who wants a ride, and a user who wants to offer it, without the establishment of an employment relationship between the poles of the company-driver relationship. This new form of work approach aims to reduce costs, especially those related to labor charges and may result in easing of labor rights. This project aims therefore to analyze the socioeconomic impacts of UBER in the employment context, through a comparative study between Brazil and other countries where discussions are already more advanced, as the easing of labor rights and precarious work. To achieve this purpose, the methodology consists in using survey by bibliographical research technique, analyzing the issues raised by the deductive and comparative method in order to create foundations to understand the legal phenomenon UBER and its impact on labor rights.

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