Right to disconnect from work: fundamentality and forms of effectiveness before environment and worker health

• Grant number: 19/27822-7
• Support Opportunities: Scholarships in Brazil - Master
• Start date: June 01, 2021
• End date: October 31, 2021
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Victor Hugo de Almeida
• Grantee: Luiza Macedo Pedroso
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The introduction of new technologies in today's capitalist society, especially information and communication technologies (ICTs), promotes deep changes in labor relations and in labor legislation, as was observed with the labor reform (Law nº 13.467/2017), for example, with the insertion of a chapter for teleworking to the Consolidation of Labor Laws (CLL). This way, the ICTs are used by the employer to increase production and promote socioeconomic development, but also prevent employees from disconnecting from their work activities, as such technologies facilitate employer-employee contact, causing psychophysical burnout and affecting the work environment and worker health, which cause many consequences: increase of accidents at work and occupational diseases, decrease in income and production and causes the so-called existential damage. The right to disconnect from work has been recognized by Brazilian doctrine and jurisprudence (both by the Regional Labor Courts and the Superior Labor Court) as an essential right to a decent life, health and a healthy and balanced work environment. Thus, the importance of this discussion rests on the need to analyze the fundamentality of the right to disconnection from work, the impacts of not observing it on the work environment and worker health and what measures can be taken to ensure the realization of this right, such as the creation and promotion of public policies in the labor field. For what, it will be used as methods of procedure the survey through the techniques of bibliographical and jurisprudential research and, as a method of approach, the deductive. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

PEDROSO, Luiza Macedo. Right to disconnect from work: fundamentality and forms of effectiveness in the face of the work environment and workers' health. 2022. Master's Dissertation - Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca Franca.