Teletrabalho: desafios a partir da pandemia da Covid-19 em uma análise normativa em face da lei 13.467/2017 e as implicações nos direitos trabalhistas

Abstract

As a result of the health crisis caused by the pandemic of the new coronavirus, the adoption of the teleworking modality had a significant advance. With Law 13.467 / 2017 as a benchmark, its increasing implementation allowed a new view of the implications for the rights and duties of the hubs involved in this employment relationship. The method used was the descriptive research carried out through the analysis of legal documents, technical standards, regulation and verification of resources, such as doctrinal works, reports, magazines, websites, scientific articles, research and jurisprudence related to the theme. The main objective of this work is to analyze telework as an option in labor relations. For this, it is necessary, first, a historical mention of the origin, concept, advantages and disadvantages involved in this type of labor provision, based on the view of several authors studying the subject. Then, a current picture of teleworking in the Covid-19 pandemic scenario is presented, based on studies by the International Labor Organization - OIT and the Institute for Applied Economic Research - IPEA, in which the characteristic features of this workforce can be identified. Subsequently, in a cut in Brazilian legislation based on Law 13467/2017, some fundamental points are analyzed that place on-site workers and teleworkers in a different degree of protection. From this analysis, it is concluded that the legislation needs to be deepened in several aspects for a better use of teleworking in the post-pandemic, balancing the two poles of the employment relationship and avoiding the future increase of legal disputes.