Teletrabalho no contexto da reforma trabalhista

Abstract

Teleworking was recently regulated by the labor reform through Law 13467/2017, bringing many doubts and legal uncertainties on the subject. However, there was a legal valuation of the institute that results from its legislative innovation. The purpose of this research is to bring the nuances of this theme, with emphasis on its concept and differentiation with external work, effectiveness, future perspectives, positives and negatives, as well as its normative evolution. At the end, it seeks to prospect a general and contemporary analysis on the subject, with statistical data that provide numerically better knowledge about its history. The specific objective of this work permeates the analysis of this type of work, with its assumptions in the employment relationship, its legal and practical evolution, what forms of work are permissible, how legal subordination is effected and, mainly, what impacts and projections on this type of work. To achieve this aim, the inductive method was used, with the technique of bibliographical research, in the doctrinal studies that deal with the subject in question, as well as some jurisprudence that were already perceived before the reform. In particular, there was an approach to the statements of the Journey of Material and Procedural Labor Law with current understandings and applicable to telecommuting after Law 13.467 / 2017. The results and conclusions of this research demonstrate that this modality of labor evolved normatively after the 2017 reform, although the legislator did not deal with the issue with due consideration. In addition, the expansion of teleworking also depends on the planning of the companies interested, through studies that demonstrate the most feasible way of their implementation.