Nova Hileia - Artigos de Periódicos
URI permanente para esta coleçãohttps://ri.uea.edu.br/handle/riuea/5713
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Item Teletrabalho, meio ambiente do trabalho, redes sociais e os reflexos na saúde mental do trabalhador(Universidade do Estado do Amazonas, 2020-03-06) Lima, Fabíola Bessa Salmito; Melo, Sandro NahmiasAbstract: This paper aims to study the proposed regulation of teleworking, inserted through Law13.467/2017, called labor reform, which took into account the new forms of working relationship arising from the current technological reality experienced by globalized society. In this scenario, an analysis will be made of the devices inserted by the new legislation in order to verify if they are in line with what is set forth in our Magna Carta regarding the guarantee of a healthy, safe and healthy work environment for the workers submitted. to the teleworking regime and the reflexes of this modality of service provision in the mental health of the worker. Thus, the first chapter will deal with the environmental law and the work environment, emphasizing the intersection between the norms and principles of environmental law and labor law that requires the necessary recognition of environmental labor law. Then, the teleworking institute is approached as disciplined in the Consolidation of Labor Laws, by means of art. 75-B, making an analysis of the devices that deal with the responsibility for the work environment of these workers and its consonance with constitutional and infraconstitutional devices that address the same theme. Then, an approach will be made about the mental health of these workers who, day by day, are subjected to the telematic means of control in view of the technological development inherent in the work environment to which they are subjected, taking, at the opportunity, an approach in the workplace. which refers to the right to disconnect as a guarantee of a healthy quality of life and enjoyment of other social rights, such as the right to leisure and the right to non-work. The methodology used in this research regarding the means was developed by the deductive, descriptive and qualitative method, through doctrinal, bibliographical and jurisprudential analysis. Keywords. Telecommuting. Work environment. Worker's mental healthItem Considerações sobre a proteção do meio ambiente de trabalho do teletrabalhador em tempos de omissão legislativa(Universidade do Estado do Amazonas, 2019-06-08) Leite, Kaleen SousaAbstract: Faced with the technological advance, labor relations gain new contours. Work at a distance is gaining increasing relevance in the face of such a globalized world. Reducing costs and optimizing tasks are one of the advantages that teleworking provides to the job market. On the other hand, work away from the premises of the employer may weaken some labor rights, especially the health and safety of the worker. In this perspective, the present work aims to discuss the protection of the working environment in the telecommuting contracts, analyzing this guarantee under the bias of fundamental right. It also seeks to discuss the legal shortcomings existing in the recent legislation No. 13467/2017 that introduced into the Brazilian legal system the telecommuting contract. However, in our view, it has not been able to answer how the teleworkers will be guaranteed the constitutional right to the balanced working environment, whose contractual reality demands complexpeculiarities to guarantee this right. From the conception of the legal system as an open and incomplete system, the fulfillment of these shortcomings is discussed through norms and principles, now labor law and environmental law. Keywords: WorkingEnvironment. Legal shortcomings. Teleworking.Item Meio ambiente e teletrabalho na reforma trabalhista (lei nº 13.467/2017): disponibilidade, controle e saúde do trabalhador(Universidade do Estado do Amazonas, 2019-01-16) Porto, Noemia; Lourenço Filho, RicardoThe new legal discipline of telework, inserted in the CLT by L. n. 13.467/2017, poses several issues, among them, the observance of health and safety standards at work and the limitation of working hours. Constitutional protection of the environment, including work, is fundamental to address these issues. The purpose of this article is to reflect on the normative scope of the guarantee provided, in the Democratic State under the Rule of Law, to the labour environment, with special concern to the problems presented by the teleworking regime. For this, it is necessary to situate telework in the current context of the new forms ofcapital production. In the end, the article concludes that the potential extension of the directive power of the employer and the subordination of the employee, due to the use of technological means of control of productivity and availability, cannot be dissociated form protection to the labour environment, concerning the health of the worker.