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REMOTE WORK AND THE RIGHT TO DISCONNECTION IN THE BRAZILIAN SCENARIO

Patrício Tavares dos Santos

José Elias Seibert Santana Junior


ABSTRACT

Teleworking is a type of work that has become viable due to the development of information and communication technology, acting as a mechanism to optimize the relationship between employees and employers, eliminate geographical barriers and reduce production costs, due to the performance of work activities. outside the traditional physical structure of the service. In this sense, the present study was based on the use and bibliographic and documentary review on the right to disconnect from teleworking in the Brazilian scenario, through a search in electronic databases Google Academic and CAPES Periodicals. Furthermore, it aims to analyze the right to disconnect from work for workers who carry out their activities via home office or teleworking. Thus, given that the worker has the right to rest and completely disconnect from work, the lack of access to these defined moments of disconnection, such as vacations, holidays and weekends, referred to by some authors as “technological slavery”, It can give the worker feelings of exploitation, insecurity or anxiety. Therefore, it is worth highlighting that failure to respect the right to disconnection may be subject to compensation for moral damages, said to be of an extra-patrimonial nature, to the worker, thus causing liability for this damage to the employer.

Keywords: Telework. Disconnection. Technologies





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