TELEWORK: THE NEW PARADIGM OF WORK IN TIMES OF A PANDEMIC

TELEWORK

Abstract

THIS RESEARCH, ENTITLED �€ŒTELEWORKING: THE NEW WORK PARADIGM IN TIMES OF PANDEMIC�€, SOUGHT TO DISCUSS THE GAPS
IN THE LABOR LEGISLATION, WHICH EXIST AROUND WORKERS WHO WORK IN THE TELEWORK REGIME, ESPECIALLY IN THE PANDEMIC.
THE THEME DISCUSSED IS JUSTIFIED IN VIEW OF THE FACT THAT, ON MARCH 22, PROVISIONAL MEASURE NO. 927 WAS PUBLISHED,
DEALING WITH MEASURES IN THE LABOR AREA TO FACE THE STATE OF CALAMITY AND ITS ECONOMIC EFFECTS. AMONG THE MEASURES
IS THE PERMISSION FOR THE EMPLOYER TO ADOPT TELEWORKING FOR THEIR EMPLOYEES, WITHOUT THE NEED FOR AN AGREEMENT
OR PRIOR REGISTRATION OF A CHANGE IN THE CONTRACT. THE ONLY OBLIGATION IS PRIOR NOTIFICATION TO THE EMPLOYEE WITHIN AT
LEAST 48 HOURS. THE SAME RULES APPLY FOR RETURNING TO FACE-TO-FACE WORK. THIS MEASURE GOES AGAINST THE RULES THAT
REGULATE CLT TELEWORK, WHICH REQUIRE MUTUAL AGREEMENT BETWEEN EMPLOYER AND EMPLOYEE, AS WELL AS REGISTRATION
IN A CONTRACTUAL AMENDMENT. THE PROBLEM THAT WE TRIED TO ANSWER WAS: HOW WILL WORK CONTRACTS IN THE TELEWORKING
MODE LOOK LIKE AFTER REGULATION IN THE CLT AND MP 927/2020, ESPECIALLY IN THE PANDEMIC, GIVEN THAT THE LAW DID
NOT SPECIFY WHO WILL BEAR THE EXPENSES RELATED TO ACQUISITION, MAINTENANCE AND PROVISION OF EQUIPMENT NECESSARY
FOR THE PERFORMANCE OF THE EMPLOYEE'S ACTIVITIES. THE GENERAL OBJECTIVE OF THE RESEARCH WAS TO ANALYZE THE
APPLICATION OF THE TELEWORK INSTITUTE IN THE PANDEMIC. THE METHODOLOGY USED WAS BIBLIOGRAPHIC AND DOCUMENTARY
RESEARCH. AMONG THE FINDINGS THAT A SURVEY PROVIDED ON TELEWORK WAS RELATED TO ITS LACK OF REGULATIONS.