SELF-EMPLOYMENT AND LABOR RIGHTS

Abstract

Self-employment is any activity carried out by professionals in a liberal manner, providing services to companies or individuals for a specific period of time, without an employment relationship. Nowadays, there is much discussion about the rights and guarantees of these workers in relation to those who are formally employed. Given this scenario, this study aimed to analyze the legal and social effects of self-employment in relation to labor rights. It was based on a bibliographic review, based on scientific articles, books, periodicals and current legislation on the respective subject. Data collection will be carried out through databases such as Scielo, Google Scholar, among others, in the period from 2019 to 2024. The results show that the Labor Reform – Law nº. 13.467/2017, brought an important change by establishing that self-employment does not generate an employment relationship even if the professional provides services continuously to a company. However, this provision of services must occur without direct subordination. Furthermore, the self-employed worker, by definition, does not have a formal employment contract or subordination to a company, which excludes him from the rights provided for in the Consolidation of Labor Laws (CLT), such as the 13th salary, paid vacations, Severance Pay Guarantee Fund (FGTS) and other benefits typical of formal employment.