DIREITO À DESCONEXÃO NO TELETRABALHO COMO DIREITO HUMANO À SAÚDE DO TRABALHADOR

Abstract

This dissertation proposes an analysis of the right to disconnection as an essential element to guarantee the human right to workers' health, based on International Labor Law, the Universal Declaration of Human Rights, the Covenant on Economic and Social Rights, the norms of the Organization International Labor Convention, following other internal labor regulations and the Federal Constitution of 1988 as fundamental guidelines to ensure minimum guarantees of human protection for teleworkers. This research encompasses the study of rights that substantiate the right to disconnect, such as the right to health, hygiene and safety at work, a balanced and healthy work environment, with special emphasis on ILO Convention No. and the right to leisure, which without the guarantee of working time would not be limited in their exercise, affecting the guarantee of decent work for the teleworker. It should also be noted which rules already exist in foreign legislation regarding the right to disconnect, especially for teleworkers, identifying the reason for its institution in those countries from the perspective of international regulations. As a general objective, the aim is to examine the teleworker's right to disconnect as an essential legal asset to guarantee the human right to health, realizing the fulfillment of the human right to decent work. The research method is deductive, being a bibliographical and documental research. And, considering the current context of a technological society, it appears from the study that the right to disconnect is an essential means to ensure human health, especially in work modalities permeated by information and communication technologies as a connection link between worker and employer , even allowing you to be physically distant from the company. Thus, considering that work is the country's productive force, there is an imperative need to safeguard the minimum rights to protect the health of teleworkers, guaranteeing the right to disconnect in order to guarantee decent work, one of the objectives of Agenda 2030, of the which Brazil is a signatory.