Abstract:
In view of the constant evolution of the ways of working, leaning more and more
towards work done at a distance or remotely by digital means, research is done on the
teleworking regime and the need for legislative updating. This research aims to
analyze the situation of new regimes of distance work in the face of the abuse of
employers who take advantage of the flaw in the legislation, to harm fundamental rights
of workers, resulting in existential damage, and seeks to see what would be the best
solution to this conflict. About the results found, it is essential to discuss briefly the
evolution of labor law and also about the Labor Reform and the changes brought to
CLT, therefore analyzing the Teleworking regime demonstrating its protective
ineffectiveness in the face of new forms of work. Consequently, moral damage and
existential damage are conceptualized by doctrinal and legal bias. Finally, an analysis
of bill no. Is carried out, which aims to be the new regulation of distance work. An
exploratory research is carried out that aims to produce knowledge for further research
and practical application. It is concluded that the current legislation about telework is
not enough, and because of this, many workers are having their rights curtailed, as
they are subjected to long working hours, exhaustive control by their employers, taking
their free and resting time away, causing them existential damage. The creation of a
law is imperative to encompass the new models of distance work and thus discourage
employers from committing illicit acts, and the bill found is a great proposal for a
solution to this problem.
