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Last Friday Minister Douglas Alencar, of the Superior Labor Court, granted an injunction to suspend the production of expert evidence on the algorithm used by Uber, in an action in which a driver seeks recognition of the employment relationship. job. The examination must be suspended until the TST judges an Uber appeal with the same object. Disclosure Disclosure Technical expertise in the algorithm was granted by the th Labor Court of Rio de Janeiro at the request of the driver, to contribute to the examination of the elements characterizing the alleged employment relationship. The intention is to identify the conditions under which call distribution occurred, the definition of values, restrictions and preferences based on the evaluation, the frequency of races and the content of communications between the platform and drivers. After a writ of mandamus filed by Uber, the Regional Labor Court of the st Region restricted the scope of the examination and gave it parameters. The company appealed again, claiming that the decision to produce evidence did not observe the necessity, proportionality and purpose of the measure and ignored the harm it would cause to its rights. Furthermore, there would have been a violation of business secrets and an affront to free competition and freedom of initiative.
At the higher court, the rapporteur Greece Phone Number highlighted that the matter is complex and requires in-depth debate. According to him, the problem would not be the use of the evidence in the investigation of the labor claim, but rather the fact that "its implementation would render innocuous — at least, unnecessary — the decision of the TST in the judgment of the ordinary appeal filed in the writ of mandamus" . The judge recalled that the investigation has the potential to reveal confidential and apparently fundamental information in the company's operating segment. "In this aspect, the claim of urgency appears to be clearly and objectively justified, especially because the way in which the relationship between the parties in dispute took place — an essential aspect for the definition of their real legal nature — even seems to dispense with additional data linked to the parameters of operation of the platform used", he pointed out. With information from the TST advisory . - And this is important because we cannot forget the company's duty to maintain a healthy, balanced work environment, providing its employees with a safe place not only physically but also mentally.
For those who doubt the size of the problem that needs to be faced preventively, I immediately turn to more data. Problems in relationships within the company go beyond labor law and come up against the employer's civil liability. An important part of these processes, after discussing labor aspects, are turned into discussions of a civil nature, which reach over million lawsuits in alone, according to data collected in Justiça em Números (). There, sequelae are discussed. Illnesses such as stress and depression are commonly related to a hostile environment, often generated by managers who exercise management incorrectly and abusively. Therefore, seeking to maintain a sustainable environment is mandatory. Conducting business with respect and fairness is essential. To this end, time must be dedicated to training, teaching and reinforcing concepts capable of resolving any act, conduct or word of managers that may cause harm to their employees and, therefore, avoid corporate liability.The only similarity between interest and monetary correction is the time course that both play in an economy. Apart from this feature, they are nothing else alike.
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发表于 2024-3-12 15:16:29