OS IMPACTOS AO EXERCÍCIO DO DIREITO À SAÚDE DO TRABALHADOR DIANTE DA INOBSERVÂNCIA DO DIREITO À DESCONEXÃO NO TELETRABALHO

Abstract

With the increasing introduction of technological advances in society life, there were changes in the way work relations happen, which entailed, for example, the emergence of telework. From the pandemic of Covid-19, the highlight of this modality became even greater, due to the need that there was a social isolation as a way to avoid the coronavirus spread. In the midst of this context, the increasing connectivity of workers in the perform of labor activities has intensified the debate about the right to not work, also called the right to disconnect from work. In the face of the relation between the referred right with the exercise of other fundamental worker’s rights, such as health, leisure and rest, the present monograph intends to investigate how the inobservation of the teleworker right to disconnect can entail impacts to the plenary exercise of his fundamental right to physical and mental health. Therefore, the relation between both rights will be focused as regards their exercise by teleworker, through deductive method, qualitative approach research and documental and bibliographical techniques of research. To reach the referred goal, this monograph will examine brief contextualization that led to telework emergence, just like will investigate its treatment in Federal Constitution, in Consolidation of Labor Laws and in foreign legal systems. Moreover, it will explain what the teleworker right to disconnection consists of, from doctrine concepts, brazilian legal system provisions and international treaties. It was obtained the conclusion that the inobservance of the referred teleworker’s right may entail damages to his physical and mental health, due to the excessive exhaustion caused by hyperconnection and telepressure, which may cause the development of Burnout Syndrome and stress, for example, characterizing worrying scenery with regard to health and safety in work. Furthermore, it was concluded that some provisions presents in Consolidation of Labor Laws may be criticized, regarding to telework’s helplessness, who acts by production or task and that make overtime hours using information and communication technologies, which affect the effectiveness of the right to disconnection from work.