THE EMPLOYMENT RELATIONSHIP OF APPLICATION DRIVERS, THE LIGHT OF JURISPRUDENCE

Abstract

Modernity has brought effective changes in society. With the advent of globalization and technological advances in the area of ​​communication, professions will undergo strong changes in the modus operandi over time and legislation has not had this sudden change respecting this same speed. Given this, in the area of ​​passenger transport, in addition to the well-known taxis, several people transport companies by application have emerged, where drivers make their cars available for transport by outsourcing their service to operators of these applications. The current legislation speaks of subsidized liability, but the absence of a specific law, the lack of current and updated jurisprudence leave gaps in the laws for decision-making on the employment and service provision relationship of these application drivers. These major changes did not coexist with the new demands arising in the labor field, generating confusion in decisions and even bringing certain difficulties to jurists in the decisions of the creation of jurisprudence. Legislative look, observing the nuances of the writings in order to trace interpretative parameters to establish concepts about this employment relationship, where the position of both is not clear, nor is the position of the legal system in this regard.