REMOTE WORK AND THE DIGITAL DISCONNECT: CHALLENGES IN PROTECTING WORKERS' RIGHTS

Abstract

The expansion of telework, intensified by the COVID-19 pandemic, has transformed labor relations in Brazil by offering flexibility and reducing commuting, but also by amplifying challenges such as hyperconnectivity and difficulty in defining rest time. The absence of boundaries between professional and personal life has affected the physical and mental health of workers, highlighting the need for specific regulations on the right to digital disconnection. This reality justifies the present study, focused on the critical analysis of legal gaps and social impacts caused by the intensification of technology-mediated work. The general objective was to analyze the effects of telework on workers' rights, focusing on the right to disconnect. Specifically, the study sought to: (i) examine the legal treatment of telework and digital disconnection in Brazilian legislation; (ii) evaluate the impacts of hyperconnectivity on workers' health and well-being; and (iii) identify international experiences that can guide regulatory proposals in Brazil. The research adopted a qualitative approach, of a descriptive and analytical nature, based on bibliographic and documentary research. The results show that, although teleworking was regulated in 2017, clear rules regarding communication limits outside of working hours are still lacking. Legislative proposals such as Bill No. 4,044/2020 represent progress, but lack enforcement mechanisms. Experiences from countries like France and Spain reinforce the need to protect rest time. It is concluded that regulating the right to disconnect is urgent to ensure dignified conditions and preserve human dignity in the digital work environment.