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[BUSINESS] · Brazil · 2 sources

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Brazil labor laws regulate remote work and digital disconnection

In Brazil, the regulation of remote work and the 'right to disconnect' have become critical legal and organizational issues. Under Law No. 14,442/2022, remote work contracts must be formalized in writing, specifying activities, hours, and working conditions. Employers are generally responsible for providing necessary equipment and reimbursing work-related expenses, such as internet and electricity, if agreed upon in the contract.

Legal protections also extend to health, safety, and privacy. There is an increasing focus on the risks of hyperconnectivity, where employees are expected to be 'always online.' If workers are required to respond to messages or calls outside of official working hours, it may be legally classified as time at the employer's disposal or on-call status, potentially leading to overtime claims.

The Superior Labor Court (TST) evaluates these cases by determining if there is a real restriction on the employee's right to rest. Constant availability and the pressure to remain connected are recognized as psychosocial risks that can contribute to burnout, necessitating better management of occupational risks under current safety standards.

Entities

Consolidação das Leis do Trabalho · Tribunal Superior do Trabalho