Desafios contemporâneos do teletrabalho: uma análise do teletrabalho no cenário da pandemia do coronavírus (COVID-19)

Abstract

The research aims to reflect on teleworking nowadays and the need to implant the institute in times of the coronavirus pandemic in order to avoid the contagion of the disease. We sought to understand the institute's regulations in the world in order to draw a parallel with Brazilian legislation, and thus compare the opportunities for improvement, passing through the analysis of the advantages and disadvantages of the institute's implementation. It was understood that a well-drafted teleworking legislation is necessary, so that there is no risk of having precarious regulations, which gives rise to the withdrawal of constitutional rights and guarantees guaranteed to employees and, at the same time, generates legal certainty for companies. It was concluded that the teleworking institute in Brazil is poorly regulated in the way it is set out in the Consolidation of Labor Laws, and that it urgently needs better regulation, so that companies can have security in its implementation. Therefore, it was suggested to observe the comparative law, in the light of article 8 of the CLT and the rules of the countries that have already regulated the institute in a way that is much more beneficial to teleworkers. Finally, a study was carried out on the future of post-pandemic teleworking, with an analysis of ILO recommendations and how companies are designing their post- pandemic teleworking policies