Teletrabalho e trabalho remoto: os danos existenciais causados pela insuficiência normativa.

Abstract

The present article aims to analyze the damages caused by normative insufficiency regarding telework and remote work, considering the advancements and challenges brought by globalization and the trend of migrating the professional environment to the domestic setting. In this research, a literature review was used as the methodology, investigating the influence of telework and remote work on social relationships and worker health, while also analyzing the current legislation and changes introduced to the Labor Code (CLT) after labor reform, such as the inclusion of telework and subsequently the inclusion of the possibility of providing services based on production or tasks without the proper time tracking established in the Federal Constitution. In conclusion, based on this research, it is necessary to establish maximum working hours for remote workers, even if they work based on production or tasks, in compliance with the provisions of the Constitution. Additionally, there is a need for legislation focused on the right to disconnect from work, aiming to prevent employers from contacting workers round the clock, thereby respecting their right to rest and safeguarding the fundamental rights of workers in telework or remote work arrangements.