Novas perspectivas das relações de trabalho: o teletrabalho

AUTOR(ES)

Márcia Regina Pozelli Hernandez

DATA DE PUBLICAÇÃO

2003

RESUMO

The technological evolution is causing strong impacts in the various branches of Science and Law is not an exception. The labor relations, in present days, reflect the changes that occurred in the production environment, as a consequence of globalization of the economy and of the technological revolution. New forms of production appears, and among them the telework, object of this 8tudy. A report of the International Labor Organization (ILO) was taken into consideration in order to show the main forms of telework and the potential advantages it may offer to the worker, to the companies and to the society. In spite of the absence of a legal concept of telework, either in national or in foreign juridical doctrines, endeavor is made to demonstrate its main characteristics. The experience of other countries in its implementation is also described. In telework, the protection of the worker is a challenge for the Labor Law and the concept of subordination, characteristic of the usual employment relationship, becomes a more abstract perspective. As such analysis is made of the theory of the "parasubordination" developed in Italy and its possible application in Brazil. The application of the classic norms to telework is not an easy task. The concepts and juridical principles that were absolute become questionable. This study aims to an understanding of the new social reality of ,the source of the telework, its juridical nature, its regulation and other correlated aspects. The treatment of the theme led to the analysis of the position played by the Labor Unions on the subject and it is realized that the resistance previously opposed has been replaced by agreements aiming to regulate the telework. The conclusion of this study is a tentative of turning it in a starting point for more detailed studies by those that believe that the technological revolution and the rise of new forms of work request transformations in Labor Law

ASSUNTO(S)

direito direito do trabalho teletrabalho relações industriais

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