O impacto da medida provisória 1.108/22 no regime de teletrabalho

Abstract

The purpose of the presente work is to demonstrate of the regulation of the telework regime and demonstrate, if in fact the Provisional Measure 1.108/22, which was later converted into Law nº 14.442/22 brought legal certainty to employment contracts, after facing Covid-19. The global pandemic scenario, due to Covid-19, forced companies to adopt remote work models. In turn, our Consolidation of Labor Laws (CLL), until then, did not have specific rules to regulate teleworking, specially what we had superficial rules on the subject, which at the time, caused legal uncertainty for companies and Workers, who were forced to adopt remote work/telework due to the pandemic. In fact, many at the time believed that remote work was not equated with telework, due to the legislative omission that existed in the CLL. Provisional Measure nº 1.108/22 was created precisely to regulate this work model, now teleworking, hybrid work, also including in its wording, the equanting of remote work with telework, thus providing companies and employees with greater legal certainty. Seeking to highlight this scenario, the presente work will be produced from the study of chapter II-A of the CLL and the Provisional Media nº 1.108/22, wich was later converted into Law 14.442/22, combined with a study on the regime of telework before and after the Covid-19 pandemic, including the comparison of the legal wording of the CLL, in the chapter dealing with telework, before and after the advento of Provision Measure nº1.108/22.