O teletrabalho durante a pandemia: adequação, direitos dos empregados e as consequências diante da calamidade pública

Abstract

ABSTRACT The present work aims to analyze telecommuting in contemporary society, also with regard to its history and its regulation in Brazilian law. It consists of a theoretical, analytical and conceptual research, based on bibliographic and documentary sources. It will address the increase in telework in the midst of the COVID 19 crisis, where many companies, due to social isolation, have adopted remote work as an alternative, however, because it is a situation that occurred urgently, many workers began to work at Home Office , without having an adequate structure, having to bear the costs of energy, internet, equipment, in addition to extrapolating the working day, which has greatly affected the quality of life of these workers, since with homework there is a great difficulty separating time between personal and professional life. Faced with these problems, there is a remarkable need for more effective regulation that improves the relationship between employee and employer when it comes to the modality of remote work. In Brazil there is still no specific regulation for teleworking, in the Labor Reform (Law 13.467/2017), there were changes regarding the regulation of Home Office work, however, with the pandemic and the increase in teleworking, the regulation of the CLT was not enough, it was Then, in 2020, Provisional Measure 927 was approved, which, at the beginning of the pandemic, brought about a forcible discipline of remote work in the country, but which ended up losing its validity because it was not converted into ordinary law by Parliament. The need for specific regulation for teleworking is notable, since even after the COVID 19 crisis, the trend is for companies to increasingly adopt the Home Office work modality.