Highly skilled workers under the labor law perspective: challenges and inclusion measures in the labor-environmental context

• Grant number: 21/03017-8
• Support Opportunities: Regular Research Grants
• Start date: February 01, 2024
• End date: January 31, 2025
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Victor Hugo de Almeida
• Grantee: Victor Hugo de Almeida
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil
• Associated researchers: Daniel Damasio Borges ; Eliana dos Santos Alves Nogueira ; Flávia Piva Almeida Leite

Abstract

Among the elements that make up the work environment, according to the Theory of the Labor-environmental Perspective, are the organizational, biogenetic, psychological and behavioral aspects, whereas the work environment is not only constituted by environmental aspects, but also by personal aspects of the workers who make up this environment. Due to this continuous, dynamic and inescapable interrelationship, the worker and the work environment dialogue, influence and transform each other constantly, justifying the importance of work for human development. Labor law has sought to promote inclusive measures for workers with some vulnerability (for example, with disabilities in its various modalities), however, little has been verified in regards to highly skilled/gifted or talented workers, who also face, although for other reasons, challenges for inclusion and maintenance in the universe of work. They are people with a different neurological condition, with problems of access and job retention due to non-compliance with their needs and to the labor-environmental risks to which they are exposed, which contribute to the isolation or even the rejection of these people and, consequently, to the development of various pathologies. However, the fundamental rights to decent work and to a balanced work environment, provided for in the Constitution of the Federative Republic of Brazil of 1988 (CRFB), must be ensured to such workers, aiming at effecting the material isonomy provided for in its art. 5th, caput. Thus, the aim of this research is to analyze, based on existing scientific literature, the characteristics of workers with high abilities or talents, as well as the main challenges they face in the work context; to survey, based on Brazilian legislation and the International Labor Organization, the existence or not of norms capable of contributing to the inclusion of workers with high abilities or talents in the work context; and to propose inclusion measures, aiming at the work-environment balance for the benefit of these workers. Therefore, bibliographical and documentary research were adopted as procedural methods, and deductive and content analysis as methods of approach. It is expected that the results of this study may contribute to the proposition and execution of inclusion measures and to the work-environmental balance for the benefit of highly skilled or talented workers, carrying out the constitutional commands of the fundamental rights to decent work and to a balanced work environment, protected by the CRFB, as well as promoting Sustainable Development Goals 8 and 10, which are part of the UN's 2030 Agenda. (AU)