După muncă, şi răsplată: substanţa contractului individual de muncă

Rezumat

“Since when did the idea arise that employees are not tormented and do not suffer? It's like this since the world began, only now you may have ‘control’ over your destiny as a slave and you can still brag about it on the net”. Our study aims to analyse from a legal perspective, beyond the “torment” and “suffering” of the employee, the constant elements of the employment contract. Neither torment nor suffering are referred to as such in law and, in some cases, are not really perceived by the employee. Legal subordination, often doubled by economic dependence, is what determines the classification of the employment contract concluded by unequal parties in its execution and – often – in its bargaining. Subordination has metamorphosed over times, and the fact that homes were transformed into work spaces or work in the virtual space have accentuated this phenomenon. The “old fashioned” subordination is currently confronted with artificial intelligence and the status of those who provide transport services through mobile applications for Uber, Bolt, Glovo, foodpanda, etc. is uncertain. What is the “reward” for digital workers or for those who work through mobile apps?