THE LABOUR ENVIRONMENTAL PROTECTION OF APP-BASED DELIVERY WORKERS: A COMPARATIVE LAW STUDY

• Autor(a) principal: Lopes, Inez
• Data de Publicação: 2020
• Outros Autores: Ferreira Brito, Maurício
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Direito.Unb (Online)
• Texto Completo: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/32398
• topic: Trabalho digno; Organização Internacional do Trabalho; Entregadores de aplicativos; Direito comparado; Covid-19; Decent work.; International Labour Organization.; App-based delivery workers.; Comparative law.; Covid-19.

Based on the theoretical framework of the fundamental right to decent work, this article aims to demonstrate the worsening of the unconstitutional and unconventional situation of social and sanitary vulnerability of app-based delivery workers. Using qualitative and comparative law methods, this article studies the concept of decent work, analyzes the standards of the International Labour Organization - ILO and examines the recent laws adopted by the Latin America countries and the United States to establish protection and safety measures in the work environment. In addition, it analyzes the decisions of European courts on app-based work. The result reveals that Brazil was the single country that has not adopted emergency measures in the context of the epidemic, in order to protect the environmental health and safety of app-based delivery workers. Nevertheless, there are two movements: the corporate one, based on the app company’s self-regulation; and the associative union at the global level, as possible ways to protect work and build social dialogue.