Deconstruction of Free or Subordinate Work as Matter of Labor Law Considering Contemporary Empirical and Analytical Evidences

Abstract

The article is about problematize the free / subordinate employment, which has been received by the Labour Law and, for over a century, is still prevalent as a priori condition for of his theories, almost without question. Starting from empiric evidences, will be demonstrate that the free / subordinate employment not corresponds to the protection universe’s priority as it was projected by the Welfare State. The analytical evidence, will look after to demonstrate that the nascent capitalism and the liberal doctrine dealt with to establish a the difference between slave / servile labor and free / subordinate employment, to obfuscate the exactly free labor and putting workers to the service of capitalist production. Thence puts embossed labor as ontology of the social being, for rejecting the proposals set out by the classical juridical-labor theory in its alliance with the conservative organization theory. The firs centered on the parasubordination and flexicurity; the second, on employability and entrepreneurship.