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Right to disconnect from work: fundamentality and forms of effectiveness in the face of the work environment and workers' health

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Author(s):
Luiza Macedo Pedroso
Total Authors: 1
Document type: Master's Dissertation
Press: Franca. 2022-06-06.
Institution: Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca
Defense date:
Advisor: Victor Hugo de Almeida
Abstract

The introduction of new information and communication technologies (ICTs) in today's society promotes changes in labor relations and labor legislation, such as labor reform (Law n° 13.467/2017), for example, with the insertion of a chapter for teleworking to Consolidation of Labor Laws (CLT). Thus, ICTs are used by the employer to promote economic development, but they also prevent employees from disconnecting from work, as ICTs facilitate contact between employer and employee, affecting the labor environment and worker health. The right to disconnect from work has come to be recognized by Brazilian doctrine and jurisprudence as an essential right for the realization of other fundamental rights, such as the right to health and a healthy labor environment. Thus, the importance of the theme is in the need to analyze the fundamentality of the right to disconnect from work, the impacts of its non-compliance on the labor environment and on the worker's health and the measures that can be adopted to guarantee its effectiveness, as public policies in the labor field. In addition, the current legislative changes in the labor field to face the state of public calamity, due to the pandemic COVID-19, may also favor an eventual violation of the right to disconnect from work. To this end, as a method of procedure, the survey will be used by means of bibliographic, jurisprudential and data collection techniques by questionnaire; and, as a method of approach, the deductive, regarding bibliographic research; the inductive, regarding jurisprudential research; and the technique of content analysis regarding the data collected through a questionnaire. It is concluded that the right to disconnect from work is a fundamental right of all workers, whether connected or not by information and communication technologies, whose non-observance has repercussions on other fundamental rights, such as the right to health, the right to the labor environment and the right to leisure among others. (AU)

FAPESP's process: 19/27822-7 - Right to disconnect from work: fundamentality and forms of effectiveness before environment and worker health
Grantee:Luiza Macedo Pedroso
Support Opportunities: Scholarships in Brazil - Master