Responsabilidade civil do empregador em caso de acidentes de trabalho do teletrabalhador: uma análise jurisprudencial

Abstract

The proposal presented in this work aims, in an exploratory way, but not exhaustive, the analysis of the civil liability of the company with regard to the protection of the health and safety of the worker in the context of telework. Also, this article sought to briefly address the main differences between telework and home office, as well as the necessary assumptions for its characterization. Although recently regulated by legislation, with the advent of legislation no. 13.467/2017, introduced in the Consolidation of Labor Legislation (CLT), telework corresponds to a type of work operated for several years and, therefore, the discussion of this work demonstrates how doctrine and jurisprudence are positioned about the divergent opinions regarding the civil liability of the employer, in cases of accident at work of the teleworker. The research method addressed in this work aims to propagate information that can help the teleworker to be protected by legislation, regarding the protection of his health and safety, or even when there is a possibility of risk to his integrity due to the lack of protection in the workplace. The research presented allows us to identify the need to implement telework in companies in the face of technological developments that occur over the years, but also the civil liability of employers to the detriment of workers with regard to the protection of their rights, compliance with standards ergonomic and the supply of furniture and equipment that makes them necessary for carrying out the work outside the company's headquarters.