Direito do Trabalho #01 - Relação de Emprego e Relação de Trabalho

Summary

In this video, Atos Fernandes explains the key difference between 'labor relationship' and 'employment relationship' in labor law. While the terms may seem similar, they are not synonymous. A labor relationship is broader and includes various forms such as autonomous, occasional, and voluntary work, whereas an employment relationship, as defined by the CLT (Consolidation of Labor Laws), has specific requirements like subordination, non-occasional work, compensation, personal service, and the employee working on behalf of someone else. Fernandes breaks down these essential elements, providing clarity on how to distinguish between these two concepts.

Takeaways

• 😀 The difference between 'relação de trabalho' (relation of work) and 'relação de emprego' (employment relation) is crucial to understand in labor law.
• 😀 'Relação de trabalho' is a broader concept, encompassing all types of work relationships, while 'relação de emprego' is a specific subset defined by certain requirements.
• 😀 Not all work relations are employment relations, but all employment relations are work relations.
• 😀 Examples of work relations include autonomous work, occasional work, and volunteer work, all of which are considered 'relações de trabalho' but not necessarily 'relações de emprego.'
• 😀 An employment relationship, as defined by Brazilian labor law, requires the presence of specific elements like subordination, continuity, compensation, and more.
• 😀 Subordination means the employee must follow orders from the employer on how the work should be done.
• 😀 Continuity (non-eventuality) ensures that the work is ongoing, rather than sporadic or temporary.
• 😀 Compensation (onerosidade) means the employee must be paid for their work.
• 😀 Only a physical person (natural person) can be employed, not a company or legal entity.
• 😀 Pessoalidade (personalization) means that the employee must perform the work personally, based on their skills and qualifications.
• 😀 Alteridade (alterity) indicates that the employee works for the employer's benefit, not sharing in the employer’s profits or risks.

Q & A

What is the main difference between 'relação de trabalho' and 'relação de emprego'?

The main difference is that 'relação de trabalho' is a broad category, while 'relação de emprego' is a specific type of work relationship regulated by the CLT (Consolidation of Labor Laws). All employment relationships are work relationships, but not all work relationships are employment relationships.

What are the key characteristics that define an employment relationship?

An employment relationship is defined by subordination, non-eventuality, remuneration (payment for services), the physical person requirement (employee must be an individual), personalization (individual qualifications for the job), and alterity (services performed on behalf of someone else).

What does subordination mean in the context of an employment relationship?

Subordination means that the employee must follow the employer's orders and be subject to the employer's control, including receiving instructions on how the work should be done.

What is meant by non-eventuality in an employment relationship?

Non-eventuality refers to the requirement that the work be regular and continuous, rather than sporadic or occasional.

Why is remuneration important in defining an employment relationship?

Remuneration, or payment for services, is crucial because it ensures that the worker is compensated for their labor, which is a fundamental requirement of an employment relationship.

Can a company be considered an employee under Brazilian labor law?

No, an employee must be an individual person. A company cannot be hired as an employee, as the employment relationship requires a physical person.

What does the term 'intuito personae' refer to in the context of employment relationships?

'Intuito personae' refers to the personalization of the employment relationship, meaning that the worker is hired based on their individual qualifications and characteristics, and cannot be replaced by someone else.

What is the significance of 'alterity' in an employment relationship?

Alterity means that the employee performs services on behalf of someone else, and the employee's personal situation is not dependent on the success or failure of the employer's business. The worker is entitled to their salary regardless of the employer's financial performance.

What types of work relationships are considered 'relação de trabalho' but not 'relação de emprego'?

Examples of work relationships that are 'relação de trabalho' but not 'relação de emprego' include autonomous work, occasional work, voluntary work, and other types of non-employee engagements.

Why is it important to understand the distinction between 'relação de trabalho' and 'relação de emprego' for aspiring lawyers?

Understanding this distinction is essential for lawyers specializing in labor law, as it helps them determine when an individual is classified as an employee and entitled to the rights and protections under the CLT, as opposed to a worker in a different type of work relationship.