Análise do posicionamento do TRT4 sobre a possibilidade de configuração do dano existencial no teletrabalho

Abstract

With the development of society and the advancement of technology, new forms of work emerged, including teleworking, which was better regulated by the Labor Reform (Law No. 13,467 / 17), which modified and regulated the rules related to this modality. Teleworking is work performed outside the business environment and using technological instruments, changing the traditional way of working. In this scenario, considering the imminent growth of this modality within the corporations, it becomes necessary, in this Course Conclusion Work, to analyze what are the impacts of the adoption of teleworking under the prism of existential damage, presenting the origin of both provisions of the legislation, as well as the causes and impacts, through bibliographic and jurisprudential research, since a series of benefits can be observed to the parts of the labor relationship with the adoption of telework, however, some disadvantages are also noticeable, due to the exception provided for in art. 62, III, of the CLT, which does not subject teleworkers to time control, which can result in damage to the health and private life of the worker, thus violating the principle of human dignity, being a possible cause of configuration of existential damage, which occurs through the damage caused to the life project and the life of the worker's relationships. It was noticed, with the bibliography and the analyzed jurisprudence that, although it is currently possible to carry out some form of control with the aid of technological mechanisms, the position of the Regional Labor Court of the 4th Region is in the sense that it is not possible to control or setting of schedules by the employer, due to the autonomy and freedom that the employee has to manage their schedules, therefore, there is no existential damage configuration. Still, it is emphasized that the judge must analyze case by case, paying attention to the requirements necessary to configure the damage in the hypothesis in question. [resumo fornecido pelo autor]