Teletrabalho e subordinação: uma análise ítalo-brasileira

Abstract

Technological developments brought major changes in labor relations, especially with the advent of computers and automation. Telework is a type of work performed away from the employer, through the use of telecommunication tools. Today, telecommuting is a reality in several countries, but there is no regulation about the subject in the various jurisdictions. The International Labor Organization has no rules about telecommuting, but it is understood that apply in that fit the rules pertaining to the work at home, for teleworks working at home. Brazil does not have any regulatory standards, only recognizes the employment relationship subject to the teleworker to prove the relationship of dependency and control. Italy, in turn, already has more regulation, but through collective agreements. The legislation only regulates telework in Public Administration. Brazil and Italy are similar in the fact that the concept of legal subordination and self-employment identical and understand the same doctrinal concept of telework. Differ because of Italy be a little ahead of Brazil in terms of regulation, as already provided for teleworking in the public administration and have collective bargaining agreements on the subject.