Among the changes brought by the labor reform is the definition of how companies should establish teleworking (home-working) arrangements for their employees.”According to current legislation, teleworking is the ‘provision of services mainly outside the employer’s premises, with the use of information and communication technologies that, by their nature, do not constitute as external work'”, explains the lawyer Karine Carneiro, the partner of Silveiro Advogados.
“The regulation of teleworking brings greater security to companies and employees. However, there is doubt as to the reconciliation between the companies safety standards and the rules established by the labor reform,” continued the expert in labor law. It is certain that the employer must guide the remote employees clearly and expressly about the measures they should take to prevent the emergence of diseases and accidents. “It is also important that workers sign a liability agreement committing themselves to following the guidelines of the company.”
The lawyer points out the importance of establishing in the contract how the expenses of light, internet, and other work equipment will be reimbursed. “The legislation is not specific at this point. The recommendation is that employers must offer workers, at home, the same conditions they would have on the premises of the company, i.e. a safe and healthy work environment. Those who work in home office must also have access to the Internal Commission for the Prevention of Accidents (CIPA) to report inappropriate working conditions.”
CIPA remains the same
The labor reform has changed several provisions of the CLT, but not the operation of the CIPA, which is mandatory for private, public and semi-public companies, direct and indirect administration agencies, charitable institutions, recreational associations, cooperatives, as well as other institutions that employ 20 employees.
The CIPA plays a fundamental role in companies on occupational health and safety. In addition to providing the employees a healthy work environment and lower risk of occupational diseases and accidents, the implementation of the CIPA results in greater productivity and motivation and, consequently, cost reduction for the company.
Companies that do not have CIPA or that do not meet the safety standards are subject to fines.
Source: Revista CIPA
