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Currently, relationships and forms of work execution have been discussed and sometimes redefined due to the economic, technological and social movements currently being experienced. In this context, how to adapt labor relations, for example, in the so-called "gig economy" ? In times of pandemic, in addition to the evident growth (whether in numbers or in relevance) of the gig economy, there is another phenomenon that has certainly made an impact and gained unprecedented relevance in work relationships: the home office. In , IBGE found that around million Brazilians already worked from home, which corresponded to around % of all employed workers in the country. With the need to impose sanitary measures by public authorities, in order to control the reduction in the circulation of the coronavirus, several companies chose to adopt the home office work regime. According to IBGE data, in September , a contingent of million people worked remotely. The home office experience is far from unanimous; however, indicators show that this trend is here to stay. Research shows that % of companies should continue with teleworking. In fact, there are already companies opening job vacancies exclusively under this regime. Recent research carried out by Fundação Getulio Vargas (FGV) shows the impact that working from home has had on the organizational culture of companies, pointing to the growth of this model, even after the end of the pandemic.
On the other hand, from a legal point Greece Phone Number of view, the adoption of working from home has controversial points, raising important questions that must be considered by the business manager. This scenario takes on a special shape due to the controversy surrounding expenses generated by working from home, which has been the subject of intense labor consultancy demand from companies. A current study carried out by fintech BLU found that % of its customers noticed an increase in their expenses after adopting home office work. This perception is corroborated in research carried out by Vee, a human resources and financial services startup, which showed a ,% increase in spending on equipment, work infrastructure and food in with the adoption of remote work. The Consolidation of Labor Laws did not contain any provisions regarding home working. Only with the so-called labor reform inwas not able to resolve all controversies on the topic, leaving open points that will have to be discussed exhaustively by the Labor Court until the consolidation of an understanding on the topic by the courts. Among these points is the issue of covering home office expenses.
In principle, article -D provides that "the provisions relating to the responsibility for the acquisition, maintenance or supply of technological equipment and infrastructure necessary and appropriate for the provision of remote work, as well as the reimbursement of expenses borne by the employee, will be provided for in written contract" . Thus, according to a literal interpretation of the rule, it is possible to state that it will be up to the parties to agree on responsibility for any expenses, with the possibility that the employer will not bear any of these costs, depending on what has been agreed with the employee. However, in a systemic interpretation, it must be remembered that article of the CLT states that it is up to the employer to assume the risks of economic activity. From this perspective, by admitting that the employee has to bear the costs of the home office, such as computer, furniture, etc., it is clear that the costs of the operation would be being transferred to the employee, which is prohibited by the aforementioned article of the CLT . Therefore, it follows that there is a normative conflict between the apparent contractual freedom provided for in article -D of the CLT and the obligation regarding the costs of business activity, under the terms of article of the same legal diploma.
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发表于 2024-3-12 15:24:45