Revista Chilena de Derecho del Trabajo y de la Seguridad Social

Transnational judicial dialogue and worker protection in the gig economy

Cássio Bruno Castro Souza — Sun, 31 Dec 2023 00:00:00 +0000

Can transnational judicial dialogue be an efficient mechanism to protect workers’ labor rights in the gig economy? As long as digital platforms operate transnationally, the negative externalities generated by them —especially regarding compliance with labor regulatory standards— become common problems in the countries of a given region. The aim of the research is to answer this problem, and in order to do so a broad literature review and a study of the cases Uber Technologies Inc. v. Heller, Dynamex Operations West, Inc. v. Superior Court and case Uber B.V. and others v Aslam and others, judged by the Supreme Court of Canada, the Supreme Court of California, and the Supreme Court of the United Kingdom, were conducted respectively. A literature review and deductive method were used.It has been found that transnational judicial dialogue can enhance the persuasiveness, authority, and legitimacy of individual judicial decisions rendered in national courts, especially in Brazilian Labor Courts, as well as serve as an instance of collective deliberation to address common problems.

The position of black women in the labor market and decolonial feminist thought

Fabiola Tatsch, Rodrigo Goldschmidt — Sun, 31 Dec 2023 00:00:00 +0000

This paper addresses the position of black women in the labor market through authors who make up decolonial feminist thought, as well as the theoretical strands arising from critical theories of human rights and decolonial studies, which allow the understanding and visibility of various oppressions based on sex, race, and gender. The present research seeks to understand how decolonial thinking and feminism dialogue to identify the oppressions related to sex, race, and gender in the historical evolution of women in the context of the labor relationship. Finally, there are wage distinctions, since women, with more intensity in this regard, are placed in a position of inferiority about men. Thus, the question arises: Why are black women in today’s society still discriminated against in labor relations, even with positive advances in labor legislation? The hypothesis that arises is complex in content, but it is based on the idea that oppression falls on women, compared to men, which is accentuated with black women, in the face of the intersectional discrimination they experience (for being women and for being black), in which gender and race become factors of oppression.

Labor law as a social justice right: A dialogue with Nancy Fraser

Cleber Lúcio de Almeida, Wânia Guimarães Rabêllo de Almeida — Sun, 31 Dec 2023 00:00:00 +0000

Labor law legalizes and legitimizes capitalism, a production system that has as one of its central characteristics the accumulation of capital also through the commodification of human labor, but, at the same time, seeks to protect workers in the context of this system, which demonstrates its ambivalence. This article aims to answer the following question: does labor law, by seeking to protect workers, contribute to the achievement of social justice? To this end, the doctrine of Nancy Fraser is adopted, who, defining the substance of social justice, attributes three dimensions to it, namely, distribution, recognition and participation. The article, adopting the inductive method, with bibliographic and documentary review, demonstrates that labor law constitutes a right of social justice, which encompasses the dimensions of distribution, recognition and participation, which also serve to critically analyze actions and conduct that weakens or neutralizes the protective action of labor law.

Employment rights and bonds by incentives: A study about the conformation between environmental health and organizational dynamics in the work environment

Rhuan Filipe Montenegro dos Reis, Carlos José Sousa Passos — Sun, 31 Dec 2023 00:00:00 +0000

This article analyzes the main provisions concerning the relationship between health, labor, and the environment, under an interdisciplinary approach to narrative literature review. The aim is to understand the relationship between labor regulation and organizational culture, from the systematization of work safety and risk diagnosis to ergonomics. On other hand, the ecology of work is discussed in its section, which provides both principled and perceptual interfaces between environmental and labor law, in contemporary legislation. The hypothesis to be explored is that of a work environment that transcends command and control policies, which demands an incentives comprehension. On that occasion, this legal institute’s zetetic and dogmatic dimensions were listed.

Cultural and structural violence against homosexuality in the labour market: A reflection on the protection of unjustified non-discrimination of workers in the Brazilian legal system

Felipe Rudi Parize, Clarindo Epaminondas de Sá Neto; Daniel Ivonesio Santos — Sun, 31 Dec 2023 00:00:00 +0000

Violence against homosexuals has both direct and structural sides, and many times has a veiled character that affects the performance of their employment contract, making it difficult to access employment, career progression, and even to maintain their job. Throughout the study of Labour Law from the Brazilian legal system’s perspective and principles, this article seeks to investigate what measures can be taken to combat discrimination against homosexuals in employment relationships. Concerning the applied methodology, the hypothetical-deductive method was chosen as an approach. Regarding the procedure method, the monographic was chosen, while bibliographic research, in turn, will be used as a research technique.

Social interactions in mandatory teleworking: From instrumental rationality to the theory of communicative action in the workplace context

Fábio Lucas de Albuquerque Lima, Viviane Alfradique Martins Figueiredo Mendes — Sun, 31 Dec 2023 00:00:00 +0000

Interpersonal relationships at work usually occur face-to-face. During the Covid-19 pandemic, these interactions shifted to a virtual way. This essay intends to analyze telecommuting from an individual perspective, bringing Max Weber’s theory of social action and Jürgen Habermas theory of communicative action to the discussion. Instrumental rationality has prevailed since the Second Industrial Revolution, reaching its apogee in the capitalist production system with Taylor-Fordism. It was not found in the literature an approach to telework with a focus on the interaction between individuals, the core of the Weberian theory of social action. Habermas’ theory of communicative action, in this approach, is used to emphasize the importance of language and communication in telework.