Navegando por Assunto "Direito à desconexão"

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A tutela do direito à desconexão e o teletrabalho: circunstâncias e reflexos à saúde do trabalhador
(Centro Universitário do Estado do Pará, 2023) Picanço, Ariane Trajano Silva Viégas; Pereira, José Marcos Gonçalves; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875
The ebullition of new technologies has allowed innovation in the workplace, including efficiencies unthinkable for previous generations. The era of smartphones, tablets and notebooks has ensured the execution of tasks without the need for the wear and tear of physical displacement and facing barriers along the way from home to the company headquarters. However, being always online to meet goals has been enhanced to a worrying level all over the world, especially in Brazil. The right to disconnection still does not have a specific legislation in our legal system, making it difficult to preserve the worker's health. It is not only by having a chair and access to the Internet that the employee will deliver productivity, even less will keep his health in good condition if he persists in this pace. Therefore, this paper aims to analyze the protection of the right to disconnection from the reflexes to the worker's health inserted in the regime of telework, starting from the problem of hyperconnectivity, describing the existing policies in France and, finally, exploring both the physical and psychological effects caused to workers. Because the phenomenon is still under development, the research has an exploratory character; qualitative, since it starts from an interpretation of the link between the right to disconnection and the consequences to health, besides being a bibliographical research in academic articles and national and international legislations. The research results in theunderstanding that Brazil still lacks progress in relation to the theme, in order to mitigate the consequences to the health of the teleworker.
O teletrabalho no contexto da pandemia da COVID-19: um risco à saúde mental da mulher e empregada
(Centro Universitário do Estado do Pará, 2020) Noronha, Iecila do Socorro Pereira; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943
This article aims to analyze teleworking, a modality that due to the Pandemic of the new coronavirus (COVID-19), faced by Brazil since March 2020, has become mandatory for many employees, without any planning, study of the characteristics of the professional, and yet, without an individualized analysis of each professional and the situation that each one has at home, which was becoming their new work environment. It also seeks to analyze the woman and employee who, within this context of changing work environment, is vulnerable in the face of all the inequality with regard to the division of domestic and care work, resulting in super long working hours when added to the need to maintain the pace of work. In addition, it seeks to understand the consequences that this migration can generate on the health, especially the mental, of many workers, especially women, who have to reconcile work and domestic life, without often being able to exercise their fundamental right. disconnection. The research carried out is qualitative, and, mainly, bibliographic, made from the available record, resulting from previous research, in printed documents such as books, articles, monographs, dissertations and theses, using the hypothetical deductive method.
Os elementos indispensáveis à tipificação do direito à desconexão no Brasil
(Centro Universitário do Estado do Pará, 2023) Moraes Júnior, José Carlos Freitas; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article addresses the Right to Disconnect, an emerging theme in the face of digital transformations and remote work. The study examines the evolution of work, Brazilian legislation, including labor reform, and the influence of the pandemic on the labor context. The research investigates the normative framework, highlighting the non-ratification of ILO (International Labour Organization) Convention 177 and the absence of specific legislation for the Right to Disconnect. Adopting a critical approach, the analysis explores jurisprudence to understand the practical application of this right. The methodology involves a literature review using primary and secondary sources, as well as jurisprudential research. It is concluded that, although essential, the Right to Disconnect lacks clear legal support, necessitating more effective measures.
Reforma trabalhista: o teletrabalho e seus reflexos na saúde e na desconexão do trabalhador
(Centro Universitário do Estado do Pará, 2018) Bittencourt, Pedro José Marinho; Chaves, Krystima Karem Oliveira
This paper will present an analysis of the new regulation and systematics of teleworking from the labor reform, exposing its consequences to the preservation and protection of the minimum rights of teleworkers, especially regarding the right to disconnect from work and the right to health. To do so, the Fundamental Social Rights will be elucidated, as well as the conceptualization and explanation of degrading work as the antithesis of decent work. Next, it will be the responsibility of the employee regarding the health of the worker and his obligatory action for the realization of a salutary work environment for all types of workers. In the same way, it will be related, with respect to the particularities of the remote work, traversing by its origin, modalities and normative history in the Brazilian order. Finally, the social-economic impacts of teleworking will be exposed in relation to its main agents, especially the teleworker, addressing the main reflexes of remote work in their life and health, including as a conclusion that, despite being regulated and with great advances, teleworking still has latent weaknesses as to the effectiveness of the preservation and protection of the worker's basic rights, especially with regard to his / her dismissal due to lack of control of the day, and his / her full health is harmed by the legislative inclusion of the term responsibility, a document that aims to exempt the employer from greater responsibility for the health of the worker.
Violações ao direito à desconexão: uma análise jurisprudencial
(Centro Universitário do Estado do Pará, 2023) Sherring , Isabel Fernandes; Porto, Marcela Proença; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article aims to analyze the impacts that insufficient classification in Brazilian labor legislation has on the life of teleworkers. With technological advances, teleworking is expanding more and more, as it brings with it advantages that make this model different from traditional work models, such as flexible working hours. However, this flexibility causes harm to the employee, given the non-compliance with the worker's right to disconnect. The issue of this article raises the following question: how is the right to disconnect when teleworking is currently applied in Brazil to protect the physical and mental health of teleworkers? To resolve the problem, the method of research and bibliographic analysis and jurisprudence of the Regional Labor Courts was used. At the end of the article, it is concluded that the absence of laws that qualify the right to disconnection as a fundamental right of the worker, leads to precarious work, and an increase in exposure to mental and physical illnesses following excessive work linked to pressure for employer part. Therefore, it is necessary to debate the rules for this regime, with the aim of understanding how precariousness manifests itself through the use of this type of work, or even understanding whether it is, in itself, a form of precariousness.