RESPONSIBILITY FOR THE WORKING ENVIRONMENT IN THE TELEWORKING REGIME

Abstract

The purpose of this article is to present a research about the responsibility for the work environment in the employment relationships that are developed in the teleworking regime, under the terms of the regulation of the regime in question brought by Law no 13467/17. The changes stemming from the legislative amendment attempt to regulate the teleworking regime, however, without worrying about the questions about the working environment of these workers, only on the subject in article 75-E of the CLT. The article states that the employer should only instruct the employees in an explicit and ostentatious way about the precautions to be taken in order to avoid diseases and accidents at work. The article in question brings in its sole paragraph the provision that the employee should sign a liability agreement by committing to follow the instructions provided by the employer. However, this term does not have the power to exclude the liability of the employer in relation to the working environment of its employees, in view of the provisions of articles 157 of the CLT. Thus, the present research aims at analyzing the regulations on the responsibility for the working environment to workers submitted to the teleworking regime, as well as their compatibility with the constitutional protection of a safe, healthy and balanced working environment and with the provisions and normative interpretations about the theme.