Teletrabalho: a nova relação contratual sob a ótica do empregador

Abstract

The main object of this study is to analyze the positive points for the employer of the implementation of telework norms by the Brazilian legislator. Companies, in general, welcomed the implementation of Law 13.467/2017, the so-called Labor Reform Law, which had its application from November 2017. One of the points of relevance for the business scenario was the creation of specific rules of telework, working from home, also known as “Home Office” in Brazil. It should be noted that working from home was already being applied in Brazil by some companies, especially those where the practice of this type of work is perfectly suited. From a legal point of view, the labor reform is still widely discussed in the legal field, mainly regarding the constitutionality of its amendments against the infra constitutional norm CLT (Consolidation of Labor Laws). Before the entry of the Labor Reform, companies applied telework in a fearful and dark way, always fearing possible labor lawsuits by their employees and administrative penalties from the bodies that oversee work in Brazil. With the inclusion of Article 75-A by Law 13.467/2017, it was possible for the business community to visualize a specific regulation on the subject.