A gestão de pessoas em movimento: um olhar sobre o regime jurídico da mobilidade geográfica do trabalhador

Abstract

Changes in the world of work are increasingly rapid and require employers to be quicker and more responsive. Hence, over the last few years, the issue of labor law flexibility has dominated many of the debates held by developed Western societies. However, the issue of flexibility can easily conflict with the social function and the raison d'être of labor law, which is based on the idea of respect for the worker and the rights that are constitutionally recognized.
The idea that the worker is entitled to a certain stability of his place of work is not new, since it has always been assumed that his whole personal and family life is organized according to the geographical scope in which he performs work. The definition of a place of work thus corresponds to a fundamental interest of the worker, but that the worker, more than ever before, finds himself in the need of being compatible with the interests of the employer.
In the times of today, when economic difficulties seriously threaten productive organizations and employment all over the world, the juridical solutions devoted to this scenario assume an undeniable role, which has aroused our interest in its study. In this context, geographical mobility is particularly relevant not only because it is an important instrument of internal flexibility at the service of the employer, enabling it to be improved in the employment market, but also because it represents a relevant alternative to dismissal of the worker.