A CONTEMPORARY VIEW OF THE COMPANY IN THE CONTEXT OF LABOR LIABILITY

Abstract

The modern company is a complex phenomenon that directly impacts the relations of work. The lack of a singular concept derives from the diverse definitions of companies and their multiple approaches applied to it (Henz, 2003). In turn, given new business and work models affected or molded by technology, contemporary challenges arise regarding the labour liability in the context of conciliation between the entrepreneurial freedom and the promotion of decent working conditions. This article, by a review of Brazilian legal literature, legislation, and jurisprudence, and without aspiring to be exhaustive on this topic, will explore the phenomenon of companies. It will be underpinned by the classical theoretical framework of the jurist Alberto Asquini, complemented by the recent thesis of the researcher Pragmácio Filho. The exploration of this phenomenon will include an analysis of the labour law concept of companies within the Brazilian legal system and its implications for labour liability. Furthermore, it will address the sources of labour obligations and responsibilities. Considering that an employee, when seeking to enforce their rights, may find themselves facing a single entity, or indeed two or more companies, this piece will also attempt a pedagogical synthesis of how regulation is applied by legislation and its updated interpretation by the Brazilian higher courts. Finally, among other aspects, the figures of the individual micro-entrepreneur and the nano-entrepreneur will be discussed, particularly in the context of the complete absence of classical elements of a company. The article will conclude by highlighting the critical importance of guarding against fraudulent practices due to conceptual implications and upholding the constitutional framework settled in human rights.