Public policies of labor guarantee and the Brazilian industry of drivers by application: a Uber study in the city of Sao Paulo

Author(s)

Murilo Martins

• Document type: Master's Dissertation
• Press: Franca. 2019-10-24.
• Institution: Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca
• Defense date: 2019-08-14
• Advisor: Victor Hugo de Almeida

Abstract

The present research sought to examine the driver by application sector, as a specific focus in the company Uber. It was sought, through interviews with workers, to identify vulnerabilities to which drivers by applications would be exposed and, in view of the collected data, to discuss the public policies necessary for the protection of the sector, always focusing on the realization of the fundamental guarantees of these workers. As results found, the analysis of the historical context allowed us to understand that Uber represents a re-signification of work within the context of the information society, based on the motto of flexibility. As for the data found in the empirical research carried out, the economic question is evident, since most of the workers choose Uber as the only source of income and have as motivation, the search for labor, unemployment in the country and the low income earned, which demands an appreciation of the remuneration of this form of work. The economic issue also implies an increase in working hours and, in the absence of control to avoid excesses, can result in negative consequences for the health and safety of these workers. Also, this work activity presents several risks to workers, such as assaults and accidents, evidencing the need to adopt safety mechanisms. The Uber company adopts mechanisms of quality control that limit the autonomy of the workers, functioning as a true system of labor coordination. This implies directly to the issue of subordination and the discussion about the characterization or not of employment relationship, between workers and company, which, by the present study, should be recognized. The analysis of the public policies for the sector allowed to identify that a considerable part of the laws in force or of legislative projects in process does not meet in a satisfactory way the needs of the sector. On the contrary, certain measures, such as the understanding of these workers as individual contributors to Social Security, although considered autonomous, show the flexibilization and, consequently, the precariousness of the sector. These workers are denied certain rights, perpetrating the exploitation of labor, prevailing economic interests. The protection of these workers demands an adequate application of the labor principles, considering the existence of the employment bond between the workers and the company, aiming at the guarantee of the dignity to the workers. Although this is not the path adopted, it is necessary to elaborate policies that grant these workers minimum labor rights, besides the valorization of the activity through the institution of a compensatory floor and the control of the working hours, avoiding excesses, in order to mitigate the high degree of precariousness of this modality of work. Grant #2017/04850-0, São Paulo Research Foundation (FAPESP)/CAPES. (AU)

• FAPESP's process: 17/04850-0 - Public policies of labor guarantee and the Brazilian industry of drivers by application: a Uber study in the City of São Paulo
• Grantee: Murilo Martins
• Support Opportunities: Scholarships in Brazil - Master