A NEW WAY OF WORKING: TELEWORK - CONCEPT AND LAW

Telework, a new way of working which emerged with globalization, requests the establishment of the legal regime applicable and the solution of problems in case of conflicts of law. Concerning the national legislation, the jurisdiction to resolve them is determined in accordance with the provisions of art. 651 of the CLT. As for transnational disputes, we can elect a forum for the resolution, observing the plurality of criteria of solution, based on an agreement of Rome in 1980 and the Brazilian LICC. The magistrate, to solve them, can choose four possibilities. In all cases, the principles of good faith and worker protection should guide him.