Home office and home working

Said to be a tendency for the job, especially in the aftermath of the pandemic of COVID-19, the home office is a sport that allows for staff to be able to work and do their jobs from home or from anywhere else outside of the office.

When we talk about the home office is usually faced with a certain degree of confusion between the concepts of home, office and remote work, however, these methods don’t get mixed up.

At home, the office, the worker sets out to your place of work, at home, setting up a work station with access to the means of communication, using their own or one provided by the company to carry out its tasks.

Already, it definitely it deserves a special attention, since it is a special form of the work for distance or remote, in which it is used in information technology and communication in order to decentralize the activities that would normally be performed in the premises of the company, and not necessarily in a house for the workers. The main feature of the working is to be performed, the methods used are in English.

In short, it definitely is the one that runs out of the facilities of the employer. That is, it is not a work that will be performed at the company’s office or any other location that may have a connection with the employer.

So much so that article 6 of the CLT says that it “does not make a distinction between the work done at the employer’s establishment, the judgment debtor at the address of the employee, and in the distance, as long as they are featured on the premises of the employment relationship”.

Both the home office and remote work have benefits for both employees and companies, such as the ability to hire talent from anywhere, and can even provide some reduction in the cost of the company.

In order to adopt to the home office, as well as the need to have the roles and functions that are supported by this model, a company needs to make sure that you have an internal policy rules in relation to the working out of the head office of the company is well-defined, and built-in by the staff.

Although seemingly these methods seem to be the most cost-effective for the employer, it shall bear all the expenses incurred in connection with its business, which includes the activities that are conducted outside the premises of the company (such as from home to the office and distance). The computation of this expense is taken to help the employee shall be considered to be on the rise in the costs of an employee with internet access, internet service provider, your computer, as well as all of the cost involved, that is to say, the whole of the infrastructure for the employee to work properly in the remote mode.

With regard to the rights of the Law no. 12.551/2011 that equated the two brothers carried on by means of the computer to that exerted by face-to-face, by changing the wording of article 6 of the CLT, that is, an employee who works in the home office, from the legal point of view, the same rights and responsibilities as any other employee of the company who provides services in a manner that face-to-face.

In this regard, the challenge for business and it managers is that employees who work remotely, and be able to get a good result. For this reason, the usual way is to work with the education, training and the methods to improve the characteristics such as self-discipline, organization and the ability to make decisions, and be comfortable working alone. It’s not all about charm, and the people who work in the scheme, the home office require higher doses of motivation, in addition to a relevant decrease in the release (the reason for this is that it makes companies such as Disney world, stay with the home office. With regard to the decline in creativity, a few companies have offered to their employees, incentives to hospitals that they have to keep their creativity is enhanced!

It is a fact that the changes in the labour market is leading companies to adopt new ways of working, and home-office have been one of them. However, it is still in the process of adaptation. With the enactment of the labour in the fall of 2017 (lei nº 13.467/2017, and the law of 14.442/2022), and the companies that have won the most flexibility to make necessary adjustments to the model of remote working.

Remote work has also been included in the exception to the scheme of the work day to the article 62 of the AND, or, may be, due to the difficulty of control, there is no entitlement to payment for overtime work, an additional night, etc.

However, according to some of the precedents of the TST, if there is any means of control of the employer of the day is to recognize the information. In this mode, the control register has been maintained, and the results are measured by means of tools for the evaluation of the performance and of the delivery supported by the leadership to ensure that the quality of the work.

The home-based work and in the home office, to meet the new challenges of globalisation, because, come on its the nature of the flexibility of time, it is not the requirement of a physical space with a fixed, and, through the use of technology makes it possible to reach the extra-territorial, however, it should be well planned, and weighed in order to be able to draw the best out of each and every one of the models (for remote face-to-face, or hybrid).

Betty’s No Lordelo, a lawyer with a bachelor degree in Law with an emphasis in tax Law from the University Presbyterian Mackenzie (2022), and which is registered at the Ordem dos Advogados do Brasil, São Paulo (OAB/SP) (2022). A lawyer have Associated with it.

Leonardo Theon in Paris as well as in Europe, with a degree in law, with an emphasis in business law from the University Presbyterian Mackenzie (2012), which was registered at the Ordem dos Advogados do Brasil, São Paulo (OAB/SP) (2012). A post-graduate degree and an Expert in Corporate Law and Mergers and Acquisitions at the Law School of São Paulo da Fundação Getulio Vargas (2014) Master’s degree in Law and Political economics, Universidade Presbiteriana Mackenzie, brazil (2017), the author of many books and articles, a speaker, a teacher at the undergraduate, MBA, and Executive Education in the FIPECAFI, a member of the bar Association of São Paulo (AASP), and the Chairman of the State committee of the Business Law of the FEDERAMINAS. A founding member of the TM is Associated with it.