Assessment of occupational risks, teleworking and digital disconnection: a guarantee judicial reading

Commentary on National Court Ruling 44/2022, of March 22

Abstract

The advancement of remote work is creating a remarkable regulatory process, both legislative and collective autonomy, although, in the absence of collective agreements –at the sectoral or company level– we find ourselves with "regulatory adhesion contracts", generating a scenario complex and conflictual whose asymmetry of regulatory power between the subjects that agree on them is maximum. That is, even with labour rights of the highest rank, such as the fundamental ones, including those linked to safety and health at work, as well as the comprehensive well-being of teleworkers in general, by underestimating that the teleworking environment generates risks additional.