Labor court gives new stimulus for working-from-home policies
Companies have gained a new incentive from the Regional Labor Court of São Paulo to let their employees work from home. Judges of the 3rd Panel cleared airline Gol of having to reimburse a customer service representative for work expenses she claimed having at home. This is the first ruling of an appellate court on the matter after the labor reform.
Not having to deal with commute, lower rental costs and more quality of life are some goals of working-from-home policies. That's why the practice is growing in Brazil. According to a study of SAP Consultoria em Recursos Humanos, made in partnership with the Brazilian Society of Teleworking and Teleactivities (Sobratt), the number of companies adopting such practice had grown 22% between 2016 and November 2018. Of 315 companies participating in the survey, 45% already adopted telecommuting and 15% were evaluating implementing it.
By suing Gol, the service representative wanted reimbursement for spending on devices and computer software. Yet the Regional Labor Court (TRT) denied the claim. Judges applied the labor reform (Law no. 13,467, of 2017) to the case. Since the new Consolidation of Labor Laws (CLT) came into force, it is stated that the responsibility for devices, infrastructure and reimbursement of expenses shouldered by the employee in telecommuting must be set in contract.
The TRT upheld the lower-court ruling. It took into consideration a contract addendum. The text establishes that the salary paid to workers in that function "would encompass expenses regarding the use of physical space, electric energy, work material in general, such as paper, pen, computer and printer, as well as any other expenses due to work carried out at home."
The judge handling the case, Paulo Eduardo Vieira de Oliveira, rejected the evidences the worker presented. "In spite of the proven expenses, nothing is owed because of the work carried out in the system of home base, since the contractual addendum expressly established that all expenses derived from this type of service provision would be covered by the salary," he said.
Gol said it wouldn't comment on court cases. Attorney Elisângela Marques, who represents the worker in the suit filed in 2018 (ROT 1000197-66.2018.5.02.0020), said the representative worked from October 2012 to March 2017 from home. "Thus, the remote work carried out by the representative occurred before the labor reform came into force," she said, without informing whether she would...
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