A jornada do teletrabalhador e o direito à desconexão

Abstract

The right to a limited workday is one of the main themes of labor law, being the object of most of the lawsuits filed in Labor Courts. The new production systems that emerged from it needed to adapt to the new social logic, having to grant rights to the workers, without causing any harm to the workers. he norms that establish the limit of working hours, the moments dedicated to rest and how they will be exercised are extremely relevant to the labor law and all of its subjects. The justification for the need of this limitation gave rise to the right to disconnection, which is not literally expressed in Brazilian legislation, but is clearly inferred from the reading of the main rules concerning the working day and its connection with the full, healthy, and dignified life of the workers. Despite the importance and conceptual clarity of the right to disconnection, it is increasingly difficult to delimit the periods of work and non-work due to the intense connection between the worker and his employer, especially with regard to telework. Its flexible essence, the confusion of work and non-work places, as well as the similarity of the instruments used to connect work and personal life, make it difficult to delimit the spaces and, consequently, the disconnection of the worker from his work. The suppression of this right is harmful to the teleworker's health, compromising his quality of life, and in total disagreement with what is foreseen in the Federal Constitution. The labor legislation is not concerned in guaranteeing to teleworkers the effectiveness of these rights, while it excludes them from the whole chapter on the duration of work, through article 62, III of the CLT. It is understood that such provision is out of line with the constitutional letter, so that it subjects the teleworker to possible working conditions.