The gig worker and the urgency of a new employment contract model

Abstract

This paper analyzes the crisis of the classic subordination model in Brazilian Labor Law, exacerbated by the rise of platform capitalism. The study argues that the current dichotomy between subordinate and autonomous work is insufficient to cover new work relationships mediated by digital platforms, which, despite apparent autonomy, are characterized by economic dependence and algorithmic control. The research, which is qualitative and bibliographic, proposes adopting a new legal paradigm inspired by the concept of "parassubordination," a model already present in European legal systems like Italy and the United Kingdom. Through a comparative analysis, the article demonstrates that Brazilian jurisprudence, by rigidly adhering to the binary logic of "employee" or "autonomous," has contributed to precarization and informality. In contrast, international experiences show that it is both viable and necessary to create an intermediate protective statute that guarantees basic rights such as minimum wage and vacation for economically dependent workers. The research concludes that Article 8∘ of the CLT (Consolidation of Labor Laws), by allowing the use of comparative law, provides the necessary hermeneutical basis for the Brazilian Labor Justice system to overcome the normative gap and enforce the constitutional principles of human dignity and the value of labor. The paper, therefore, advocates for the urgency of a new employment contract model that ensures rights and social protection for gig workers without stifling new productive realities.