Teletrabalho: nova forma de trabalho flexível: aspectos contratuais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

Telecommuting is a new form of flexible labor emerging from the use of IT and Telecom (telematics) tools by corporate production processes: networked computers. Computers are functions of indispensable work tools and cause work to be executed exclusively through telematic machinisms. Telecommuting is conceptualized as the execution of labor at a distance in premises different from corporate sites, using telematics tools housed in online centrally located corporate databases. Telecommuting is a fattispecies modifying and de-structuring essential elements of traditional labor in space-time dimensions.Labor is provided from the exterior of corporate premises with consequent change of management power morphologies and legal subordination, impacting the legal field. Consequently, it is critical to undertake new reflections on legal guardianship of workers when confronted with the following issues: Is this novel form of labor estranged from labor legislation? Is it necessary to introduce a specific contractual fattispecies? Is it possible to assimilate this new form of labor in a known fattispecies? Does the legal organization approach sufficient rulings that cover and guard telecommuting? The paper intends to demonstrate that the phenomenon needs no differentiated treatment by labor laws. It is a new form of labor intimately connected with productive, management, and labor organizational flexibility with unknown, albeit renewed elements. The paper defends the following proposition: That telecommuting must be understood as labor provided in a telematics context, and therefore, is classifiable in current legal terms, with principles and rules from several sources that are capable of regulating this new form of labor. Such sources allow the extraction of a telecommuting code through the application of current principles, regulation, constitutional, legislative, and contract disciplines

ASSUNTO(S)

relacoes industriais teletrabalho direito do trabalho direito

ACESSO AO ARTIGO

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