Chetu, an American IT company, was ordered to pay 75,000 Euros (R$ 385,140.74 in direct conversion) to a former employee fired for “insubordination” and “refusal to work”. The dismissal took place after the employee refused to keep the webcam on during working hours in remote work – and the company already had access to the employees’ screen.
The case was tried in the Netherlands, where the former employee lived while working. Chetu did not attend the trial and did not even present a defense. The court’s judgment was based on a decision by the European Court of Human Rights which claims that video surveillance of employees is an invasion of privacy. It’s in Brazil? Would it be possible?
Labor legislation in Brazil on the home office
In 2017, during the government of President Michel Temer, the Brazilian Congress approved the Labor Reformthe first legislation in the country to deal with home office — but calling it “teleworking”.
In Brazilian legislation, this concept does not cover professionals who work externally, such as equipment installation technicians or some salespeople. See what Law 13,467 of 2017 says about the home office:
“Art.75-B. It is considered telework the provision of services predominantly outside the employer’s premiseswith the use of information and communication technologies that, by their nature, do not constitute themselves as external work.”
And how is the monitoring situation in the telecommuting? As pointed out by labor lawyer Matheus Bub to the technoblogin Brazilian legislation “there is no stipulation, legislation, dealing with the monitoring of workers working in the home office modality”. But this does not mean that a Brazilian company can require the employee to keep his webcam on during the workday.
“[…] observing from the perspective of the Brazilian legal system, it may be considered a violation of their privacy and, therefore, unconstitutional. In that sense, the Federal Constitution of 1988 guarantees the inviolability of intimacy and private life”, says the lawyer.
“Therefore, from the perspective of the Federal Constitution (Article 5, Section X), depending on the situation in which a violation of intimacy and private life occurs, the injured party may be guaranteed the right to claim compensation for the damage suffered”, concludes Matheus Bub .
Legislation allows home office workers to work anywhere, but…
With an internet connection and a notebook — or even a smartphone — employees who work from home can work from anywhere, including traveling. The concept, called “Anywhere Office”, has no legal impediment in Brazilian labor legislation.
In this case, all travel costs are the responsibility of the employee. After all, this is not a business trip. And if the company invites the employee to a face-to-face meeting, he needs to “turn around” to meet the appointment. Is the company’s headquarters in Brasilia and the anywhere office of the time is in Siberia? The collaborator will have to run after the ticket to travel — at least until the metaverse becomes popular.
With information: BBC