TELETRABALHO E A CONVENÇÃO N° 177 DA OIT: OS LIMITES E DESAFIOS DA REFORMA TRABALHISTA PARA A PROTEÇÃO DO TRABALHADOR BRASILEIRO

Abstract

In Brazil, teleworking came to be regulated specifically only in 2017, with the publication of Law no. 13.467, later known as Labor Reform. However, one of the main points discussed about this statute reform was its legislative insufficiency, particularly on teleworking. Apart from its lateness, the Reform was also criticized by its regulatory incompleteness regarding specific legal dispositions towards vital prerogatives that are indispensable on the matter. Using the hypothetical-deductive reasoning, this work aims to analyze the conformity of the regulation of teleworking in Brazil with International Labor Organization (ILO) Convention No. 177 and the relevant international applicable legislation. This research's emphasis is on the limitations and challenges the Labor Reform brought to the protection of the average Brazilian teleworker, in a post-pandemic scenario. Initially, this work briefly analyzes the role of the ILO in world scenario to discuss the incorporation of its norms into the Brazilian legal system and to problematize the non-ratification of its Conventions. Subsequently, the legal regulation of teleworking was addressed on the basis of ILO Convention No. 177 and Recommendation No. 184 to focus on a critical analysis of the national regulation, with emphasis on the impacts caused by the Covid-19 pandemic on the institute. Additionally, a comparative law analysis was done for the purpose of highlighting complete international legislations opposed to the shortcomings created by the Reform and to demonstrate how a stronger regulation of teleworking is an essential condition to the implementation of the rights and warranties of teleworkers. Finally, a theoretic framework was designed, intending to promote decent teleworking in the post-pandemic. It is worth emphasizing that it is especially necessary to deepen the theoretical framework on this topic, in view of the protective bias of Labor Law, which should cover all new types of work arising from technological and social advances, such as telework. The results demonstrated that there are gaps in the national legislation regarding teleworking that causes instability in labor relations. It can be concluded from the analysis above that, following the guidelines from ILO Convention No. 177 and other strong legislations on the matter, the implementation of new legal framework on teleworking is crucial, aiming at its vulnerabilities and safeguarding labor workers in order to strike the risk of precariousness work relations.