Análise das relações de trabalho extramuros da empresa

Abstract

The world is changing and with it, labor relations, and changes in the various forms of work is inevitable, because it is necessary to adapt to reality the new forms of work arising with the new technologies. Thus, it is necessary that we have legal security to the worker and employer, so that we can have confidence and new fronts of work in our economy can arise. This work of conclusion of course has as scope the research on the work relation outside the walls of the company and how the labor law has been manipulated in the face of the gap existing in article 62, I of the CLT, and created a great legal insecurity for who hires workers in this modality of contracting. Economic crises bring consequences for employers and workers, cause changes in the economy, create new forms of production and circulation of merchandise and new needs for the insertion of their products in the market. In order to remain in the market, organizations are obliged to seek new ways of offering their products, often having to offer directly to the consumer, opening space for the external work modality outside the company, where control of the journey is apparently impossible to monitor on the part of the employer, and with that, the risk of non-control increases, and legal uncertainty arises. With the new technologies that have emerged recently, products have emerged that do not require the consumer to have to go to the company to buy them, as there is the possibility of the on-site offer. Thus, a new type of work arises, sometimes outside the headquarters, of the establishment of the employer, creating a new routine for the employee, who starts to do his work day, seeking to offer the product directly to the consumer, adapting to the profile of the customer. The flexibilization of the control of the day in the labor law, aims to stimulate the negotiation between companies and workers, adjusting the working day, aiming to promote the competitiveness between the companies, in defense of the jobs. The global crisis forces countries around the world to have in their work, functions that will be exercised in the external modality outside the walls of the companies. The constant changes in labor legislation lead us to question the extent to which the flexibilization of these norms, in favor of economic development, brings legal security for employees and employers. In Brazil, we have just undergone a major reform in the Labor Law, but there has been no change in Article 62, I of the CLT, which deals with the external journey, when external activity is incompatible with working hours, and such condition be recorded in the Work and Social Security Card and in the register of employees. The role of the judiciary is of fundamental importance in the face of the changes, accompanying so that there is no violation of rights, and bringing legal security for all. It is up to the State to give its share of collaboration, not exempting itself regarding the educational supervision and monitoring of the changes of the economy, otherwise, we will not have a strong economy and that generate employment and income to the Brazilian worker.