Home office: direitos fundamentais, meio ambiente laboral e reforma trabalhista
The maintenance of a healthy labor environment becomes a complex theme when the work for hire occurs in the worker’s residence. The home office, which is one of diverse modes of telework, grows due to, first, the advance of globalization and, second, necessity of flexibilization of rules related to...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6810995 |
| Source: | Revista de Direito Econômico e Socioambiental, ISSN 2179-8214, Vol. 9, Nº. 2, 2018 (Ejemplar dedicado a: maio/agosto), pags. 281-300 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The maintenance of a healthy labor environment becomes a complex theme when the work
for hire occurs in the worker’s residence. The home office, which is one of diverse modes of
telework, grows due to, first, the advance of globalization and, second, necessity of
flexibilization of rules related to the work hiring. The current Brazilian legislation, as precarious
as it is, is extremely necessary and important, mainly about to the health and security of this
worker that will be working outside the enterprise’s labor environment. Besides, it is passible
of discussion about the theme for the disposition brought by Law no. 13,467/2017 (Laboral
Reform), which disposes the insertion of an exclusive chapter about telework and its
peculiarities, among which there are considerations about the labor environment and the
endeavor to reduce the risks of labor accident and occupational disease. Considering that the
telework, in general, is done at the worker’s residence (pointing that it is not the rule), it is
natural that the wondering about the inspection, by the hirer, of the labor environment (even
as a form of reducing or exempting of eventual responsibility in case of accident or disease of
the employee). It concludes by the sense in which, despite it is not disposed in the new legal
text, the hirer’s control of the labor environment follows being needed to employee’s right to
health and to hirer’s right to evidence. The present study resorted on the deductive method of
approach, with historical, comparative and structuralist proceedings and logical-systematic
interpretation. |
|---|