A exclusão do teletrabalhador do controle de jornada e o direito à desconexão laboral.

Abstract

Globalization and the advancement of Communication and Information Technologies began to permeate the most diverse aspects of human life, including work. This provided the narrowing of distances and access between people regardless of locations and times. In this sense, the teleworking regime stands out, considered as the provision of services by the employee outside the dependencies of the employer, which allows the exercise of work from any place, including the employee's own home. In Brazil, this regime was not regulated, however, the COVID-19 pandemic, which imposed the adoption of social isolation measures to prevent the spread of the virus, propelled the adoption of teleworking for the continuity of production and the movement of the economy, proving its functionality. In the national labor legislation, the telework regime started to be regulated by Law No. 13,467, of 2017, known as labor reform, promoting changes in Decree-Law No. 5,452, of 1943 and adding to its text Chapter II-A with exclusive provisions on that regime. However, the reform included item III in article 62 of the CLT, excluding teleworkers from working hours. In this context, the objective of this research was to analyze how this exclusion resulted in violations of employee rights, such as constitutional rights of working hours limit and overtime hours, provided for in Articles 7, XIII and XVI of the Magna Carta and the right to interworking and intra-working hours, respectively provided for in Articles 66 and 71 of the CLT; and others. To achieve the proposed objectives, a bibliographic research was carried out with a qualitative approach. Considering the results obtained, the need to regulate the right to disconnection became evident, in order to ensure these rights, because the disconnection certifies the rest periods and the rights to intimate life, leisure and health legally conquered by workers in order to curb the exploitation of human labor and guarantee the human dignity of the worker.