Teletrabalho: uma abordagem do instituto à luz da reforma trabalhista e suas implicações no Direito do Trabalho.

Abstract

The figure of telecommuting has long been present in the world economic society. However, its legislation in Brazil has always been scarce, and the institute has only predicted the Consolidation of Labor Laws since the year 2011 with the edition of Law number 12,551. Although, by the year 2017, even if there was its prediction on the CLL, it was not by the nomenclature of telecommuting, much less counted on its regulation. Law number 13.467, titled Labor Reform, came to change this scenario, bringing rules that clarified the means of achievement in which teleworking should be provided, in addition to presenting several labor guarantees to the teleworker as a way to offer them a minimum protection. The deductive method will be used for the elaboration of the present work. As far as the procedure is concerned, it will be used bibliographical research, with analysis of books, journals and published scientific articles on the subject. Furthermore, it has the objective of explaining, without the depletion of questions about the subject, changes and legislative additions on telecommuting in CLL. Therefore, the telecommuting altered the way consolidated concepts in Labor Law began to be interpreted, as in the case of the legal-factual element of subordination, a requirement for the configuration of the employment relationship, thus making this element more flexible in order to a better adaptation to this "new" service provision system.