PEJOTIZATION AND ITS IMPACTS ON THE EMPLOYMENT RELATIONSHIP

Abstract

With the labor reform and the permission of outsourcing of core activities, the legal possibility of a company replacing the conventional employment relationship, provided for in labor legislation, with a service provision contract established between two legal entities has increased. However, employment relationships with the hiring of workers as legal entities, in which there are the basic elements contained in art. 3 of the Consolidation of Labor Laws (CLT), which are: personal nature, onerous nature, habitual nature, subordination and natural person, characterize an employment relationship and is called pejotization. From this perspective, through bibliographic and documentary research, this study sought to conceptualize this institute, identifying the elements and principles of the employment relationship, demonstrating how pejotization can defraud labor standards, also conducting a case study of the jurisprudence of the Superior Labor Court (TST) on this demand, in addition to making a proposal to combat illegal practices that violate labor standards. Therefore, it was concluded that pejotização defrauds the employment contract governed by the CLT, since through this practice there is no collection of labor and social charges, as well as recognition of the guarantees of the rights inherent to the employee.