{"id":50,"date":"2020-08-08T22:31:31","date_gmt":"2020-08-08T22:31:31","guid":{"rendered":"http:\/\/lantyer.com.br\/?p=50"},"modified":"2021-05-06T17:50:11","modified_gmt":"2021-05-06T17:50:11","slug":"teleworking-and-home-office-in-the-context-of-coronavirus-covid-19","status":"publish","type":"post","link":"https:\/\/lantyer.com.br\/en\/teleworking-and-home-office-in-the-context-of-coronavirus-covid-19\/","title":{"rendered":"Teleworking and Home Office in the context of Coronavirus (COVID-19)"},"content":{"rendered":"

1. INITIAL CONSIDERATIONS \u2013 CONCEPTS AND DIFFERENCES.<\/strong><\/h2>\n\n\n\n

With the social and economic impacts of the novel coronavirus, many companies have had to adapt to the potential health risks for all employees, adopting teleworking and home office as alternatives.<\/p>\n\n\n\n

Teleworking and home office are not the same thing, each with its own characteristics and attributes. Let's analyze both, highlighting their concepts, peculiarities, and key differences.<\/p>\n\n\n\n

Law No. 13,467\/2017 (Labor Reform) introduced specific regulations regarding teleworking for the first time in articles 75-A to 75-E of the CLT. Previously, the CLT did not distinguish between work performed at the worker's premises or remotely.<\/p>\n\n\n\n

In this sense, according to the CLT, the teleworking<\/u><\/strong> consists of:<\/p>\n\n\n\n

\u201c(\u2026) provision of services predominantly outside the employer\u2019s premises, <\/em>using information and communication technologies that, by their nature,<\/u><\/em><\/strong> do not constitute external work. (Included by Law No. 13,467, of 2017)\u201d (CLT Art. 75-B)<\/em><\/p><\/blockquote>\n\n\n\n

The provision of teleworking services can take place anywhere, predominantly outside the employer's premises, and may be provided from the employee's residence.<\/p>\n\n\n\n

With teleworking, there is no control over the employee's working hours, and this type of work does not allow for the right to overtime pay, intra-shift breaks, inter-shift breaks, etc., since the employee, as a rule, controls his or her own working hours. An exception exists if the company effectively controls the working hours.<\/p>\n\n\n\n

Teleworking must be expressly stated in an individual employment contract or addendum, and there must be mutual agreement between the parties.<\/u><\/strong> It is essential that the employer and employee formalize how the cost and supply of materials and equipment necessary for the performance of the activity will be borne, such as computers, tablets, electricity, internet, printers, and software. Therefore, it is important to include the provisions of Article 75-D of the CLT:<\/p>\n\n\n\n

\u201cThe provisions relating to the responsibility for the acquisition, maintenance or provision 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, <\/em>will be provided for in a written contract<\/u><\/em><\/strong>\u201d (article 75-D).<\/em><\/p><\/blockquote>\n\n\n\n

In this regard, it is worth highlighting that the employee's attendance at the employer's premises to carry out specific activities does not characterize the teleworking regime.<\/p>\n\n\n\n

Another relevant aspect is that the CLT, in its art. 75-C \u00a7 2, guarantees that the minimum transition period from the teleworking regime to the in-person regime is 15 (fifteen) days, with corresponding registration in a contractual addendum.<\/p>\n\n\n\n