Análise prática da regulamentação do teletrabalho no pós-reforma: aplicações e impactos positivos e negativos evidenciados durante a pandemia

Abstract

This paper analyzes the legal and social impacts of telework in Brazil, with an emphasis on the transformations following the 2017 Labor Reform and the COVID-19 pandemic. Although telework is provided for in the CLT, its application is still recent, generating regulatory gaps and uncertainties for employers and employees. The research adopts a qualitative approach, with a bibliographic review, document analysis, and case law survey in Regional Labor Courts in different regions. The data indicate that, despite the expansion of telework, there is low judicialization in less urbanized regions, such as the TRT of the 22nd Region, and a higher volume of decisions in areas such as São Paulo. The main topics discussed involve additional payments for unhealthy and dangerous conditions, infrastructure, workday control, and the right to disconnect. The decisions show divergent interpretations of duties and rights in the remote regime, highlighting the need for greater standardization and legislative updating. It is concluded that, in order to consolidate teleworking as a fair and safe practice, it is essential that legislation evolves in line with the reality of modern work, guaranteeing legal protection to the parties involved.