Conflict between capital and labor: an attempt at conciliation and an alternative to CLT to small and micro entrepreneurs Conflito entre capital e trabalho: uma tentativa de conciliação e uma alternativa à CLT aos pequenos e micro empreendedores

Sarai L.; Pinto F.C.S.; Ramos T.M.

Conflict between capital and labor: an attempt at conciliation and an alternative to CLT to small and micro entrepreneurs Conflito entre capital e trabalho: uma tentativa de conciliação e uma alternativa à CLT aos pequenos e micro empreendedores

Tipo

Artigo

Data de publicação

2024

Periódico

Law of Justice Journal

Citações (Scopus)

0

Autores

Sarai L.
Pinto F.C.S.
Ramos T.M.

Resumo

© 2024, University of Passo Fundo. All rights reserved.Based on legislation, doctrine and jurisprudence, this study, by the hipotetic-deductive method, seeks to build a model of legal business alternative to the employment relationship governed by the Consolidation of Labor Laws (CLT), but without disrespecting the rights of workers. Thus, the first part of this research analyzes the employment contract model governed by the CLT and its advantages and disadvantages. The second part, as a second objective, reflects on the criteria for dividing the company's profit. The third part proposes an alternative way of dividing this profit and the fourth part seeks to fit the proposal into the current legal system. The innovation of the study lies in the treatment of situations in which one of the agents has capital and the other only workforce. It is concluded that the main aspect to legitimize this business, so as not to represent fraud to labor legislation, is the equitable division of profit.