Direito ao trabalho das pessoas com deficiência e o contrato do teletrabalho previsto na lei 13.467/17

Abstract

his article addresses the right to work of people with disabilities when hiring teleworkers, as an inclusive alternative in new formal job openings, given the modern adaptive and assistive information technologies for workers. The study is about the new disciplinary legislation on telework, Law 13. 467/17 in relation to the national laws that deal with the disabled regarding the insertion in the labor market on the premise of social inclusion, accessibility and technological adaptations, without suppressing social rights. The new articles introduced in the Consolidation of Labor Laws referring to telework, by Law 13.467 / 17, are analyzed as a viable alternative for insertion in the productive environment of the disabled, not only to meet the quotas imposed on companies. This type of contracting is essentially characterized by the use of technologies, which must be assistive, adapted to the appropriate management, including furniture, with technical assistance and continues by the employer to the disabled to remove barriers, to whom it is necessary to grant a healthy environment. work that takes place away from the physical headquarters of the company. It is concluded that the new articles inserted in the Consolidation of Labor Laws, regarding teleworking are compatible with the legislation of the disabled, through the combination of the application of the most favorable rule, adoption of safety measures, hygiene, occupational health, accessibility physical and technological, removal of attitudinal and technological barriers, social inclusion and the employer's responsibility for the costs of the enterprise. With regard to the new rules of collective law that open up the flexibility of rights historically conquered, including teleworking in the exemplary role, it was concluded that it is incompatible with the legislation that supports the disabled, insofar as it imposes the prevalence of the negotiated over the legislated, limits the work of the Labor Judiciary to curb illegalities, defying the Democratic Rule of Law and the constitutional precept of Article 5, XXXV of the Constitution of the Republic of Brazil. Keywords: Equality. Non-Discrimination. Social inclusion. Accessibility and Assistive Technologies.