Meio ambiente e teletrabalho na reforma trabalhista (lei nº 13.467/2017): disponibilidade, controle e saúde do trabalhador

Abstract

The new legal discipline of telework, inserted in the CLT by L. n. 13.467/2017, poses several issues, among them, the observance of health and safety standards at work and the limitation of working hours. Constitutional protection of the environment, including work, is fundamental to address these issues. The purpose of this article is to reflect on the normative scope of the guarantee provided, in the Democratic State under the Rule of Law, to the labour environment, with special concern to the problems presented by the teleworking regime. For this, it is necessary to situate telework in the current context of the new forms ofcapital production. In the end, the article concludes that the potential extension of the directive power of the employer and the subordination of the employee, due to the use of technological means of control of productivity and availability, cannot be dissociated form protection to the labour environment, concerning the health of the worker.