Transformação do Vínculo
Autor | Wladimir Novaes Martinez |
Ocupação do Autor | Advogado especialista em Direito Previdenciário |
Páginas | 181-181 |
Page 181
Com a aproximação da construção jurídica do doméstico ao empregado regido pela CLT, começam a perder importância as diferenças, uma vez que os direitos são praticamente iguais.
No curso da relação fática e jurídica estabelecida entre o empregador e o doméstico, no decurso do tempo, as suas características podem ser afetadas por um ou outro polo ou pelos dois.
Caso o empregador doméstico opere em sua residência na condição de empregado de uma empresa, cenário usualmente chamado de trabalho a domicílio e o doméstico o sirva especificamente nessa atividade profissional, ele será empregado celetista de um empregado, devendo-se invocar a CLT.
Caso o empregador transforme-se em autônomo, ter-se-á um empregado regido pela CLT prestando serviços para um autônomo.
Na circunstância de o ambiente familiar se tornar uma empresa, o doméstico será empregado.
...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Direitos do Doméstico
- Aspectos Diversos
- Doutrina Nacional
- Conclusões Derradeiras
- Simples Doméstico
- União Estável
- Empréstimo Consignado
- Retenções Possíveis
- Sucessor Legal
- Acordo Internacional
- Trabalho no Exterior
- Assédio Doméstico
- Dano Moral
- Transformação do Vínculo
- Seguro de Vida
- Interpretação da Matéria
- Guarda de Documentos
- eSocial
- Transferência de Recursos
- Direito Procedimental
- Doméstico no Código Civil
- Aplicação do Código Penal
- Direitos da Diarista
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