O teletrabalho e o risco do negócio do empregador

Abstract

Telework was introduced in our society with the Fourth Industrial Revolution, marked by a technological boom. It is a work performed outside the employer's premises, by means of computer and telecommunications technologies. In Brazil, its regulation was given by article 6 of the Consolidation of Labor Laws (CLT) and was later reaffirmed by the Labor Reform, Law 13,467/2017 that brought the chapter "telework" introducing new articles "75-A to 75-E" of the Consolidation of Labor Laws. Its increasing expansion was triggered due to the pandemic and globalization, for being a more dynamic and flexible work field. In this kind of work, the equipment must be agreed upon in the contract; if the employer provides it, it cannot be considered a salary. Depending on the use of technology, the employer assumes the business risks, such as data security. The objective of this paper is to demonstrate these risks of telecommuting to the employer, given the legal innovations after the pandemic in this area. As for the risks assumed by the employer, we can list the high cost of equipment, total dependence on technology to develop the activity and the strong opposition of the unions. The narrative is compared with its impacts on the legal world.