Direito do trabalho - Relação de Emprego x Relação de Trabalho I Aula 02 - Maximizando

Summary

In this video, the host discusses key concepts in Brazilian labor law, specifically focusing on the differences between 'relação de trabalho' (work relationship) and 'relação de emprego' (employment relationship). The video explains the various forms of work relationships, such as autonomous, occasional, and institutional work. It then delves into the five essential criteria for establishing an employment relationship, including personhood, subordination, non-eventuality, remuneration, and permanence. With practical examples and clear definitions, the video offers valuable insights for students and professionals studying labor law and employment contracts in Brazil.

Takeaways

• 😀 **Relation of Work** refers to any situation where services are provided for compensation, but not all work relations qualify as employment relationships.
• 😀 **Types of Work Relations** include autonomous work, temporary work, institutional work, and voluntary work, each with distinct characteristics and legal implications.
• 😀 **Autonomous Work** is performed without subordination, where the worker assumes the risks of their activity and does not establish an employer-employee relationship.
• 😀 **Avulso Work** involves workers who are typically port workers or those engaged in occasional tasks, and they must be registered with specific agencies to work.
• 😀 **Temporary Work** refers to work that is sporadic and not part of the company's main operations, often characterized by short-term assignments.
• 😀 **Institutional Work** includes public servants, who are governed by specific public service laws (e.g., Law 8.112), instead of the CLT (Brazilian Labor Code).
• 😀 A **Relation of Employment** (Relação de Emprego) is a specific type of work relation, requiring five essential cumulative elements.
• 😀 The five **cumulative requirements** for a Relation of Employment are: Personal Nature (pessoa física), Personal Service (pessoalidade), Habituality (eventualidade), Subordination (subordinação), and Onerosity (onerosidade).
• 😀 **Subordination** means the employer has authority over the employee, directing their work within legal limits. Employees must follow instructions unless they are illegal.
• 😀 **Onerosity** means that employees must receive compensation for their services. Payment for work is a key characteristic of employment relationships.
• 😀 Employers are defined as entities that assume the risks of an economic activity, hire employees, and direct their work. Both physical and legal persons can be employers under Brazilian law.

Q & A

What is the primary difference between a work relationship and an employment relationship in Brazilian labor law?

A work relationship refers to any service performed for remuneration, which can include autonomous, occasional, or voluntary work. An employment relationship, on the other hand, is a specific type of work relationship that includes five key requirements: subordination, remuneration, non-eventuality, personal nature, and habituality.

What is an autonomous work relationship, and what are its key characteristics?

An autonomous work relationship is one in which the worker operates without subordination to the employer. The worker assumes the risks of their activity and works independently, without a formal employment contract or employment benefits.

How does the concept of avulso work differ from other types of work relationships?

Avulso work is temporary and irregular, usually associated with specific tasks like those performed by dock workers. Workers must be registered with a management body and are called upon when their services are needed, without a direct, long-term connection to the employer.

What defines an eventual work relationship?

An eventual work relationship involves short-term, sporadic tasks that are not linked to the company's core activities. This type of work does not have a permanent, regular commitment and is often used for specific, one-time jobs.

How does institutional work differ from employment governed by the CLT?

Institutional work refers to public sector employment, such as government positions, which are governed by specific laws like Law 8.112, rather than the CLT. Unlike workers under the CLT, public servants are not covered by its regulations.

What are the five key requirements for a work relationship to be considered an employment relationship under Brazilian law?

The five key requirements for an employment relationship are: personal nature (only a physical person can be employed), non-eventuality (the work is continuous or habitual), subordination (the worker must follow the employer's instructions), remuneration (the worker must be paid), and habituality (the work must be performed regularly and integrated into the employer's operations).

What does the term 'personal nature' mean in the context of an employment relationship?

'Personal nature' means that only a physical person (individual) can be employed, and not a legal entity (such as a company). This requirement ensures that an individual is directly responsible for the work and cannot assign their duties to someone else.

What is meant by 'habituality' in the context of an employment relationship?

Habituality refers to the regular and continuous nature of the work. It means that the worker is expected to provide services on a regular basis, not sporadically, and that their work is integral to the company's operations, even if it is not directly related to the company's primary function.

Can a worker be considered an employee even if they are paid more than their employer?

Yes, a worker can still be considered an employee if they meet all the other requirements of an employment relationship, such as subordination. The subordination is not based on financial status but on the hierarchical relationship between the employer and the employee, where the employee must follow the employer's instructions.

What does subordination mean in the context of Brazilian labor law, and how does it apply to the employment relationship?

Subordination in labor law refers to the hierarchical relationship where the employer has the authority to direct and control the worker’s activities. The employee is required to follow the employer's orders during the work process, except in cases where those orders are illegal or go against the law.