A responsabilidade sobre o fornecimento da infraestrutura necessária no regime de teletrabalho. Estudo comparado entre Brasil e Itália

Considering the increase in the use of the “home office” modality, due to the COVID pandemic, this study seeks to analyze the responsibility for the costs from this type of contract. Since this situation is replicated in several countries, the comparative analysis of two different legal systems aims to establish common points and highlight the diferences, considering the historical evolution and the economic and social position of each one, to identify possible exchanges and legislative improvements. About the methodological aspects, this paper will be prepared by legislative and bibliographic review of Brazil and Italy, using qualitative criteria. This research shows that there are similarities between these legal systems. In Brazil, there is more legal uncertainty, because of the imprecise text of the Labor Law Reform, which has been solved through union negotiation, gradually, slowly and with limited scope for the categories. Italy, on the other hand, even without specific legislation regarding home office in private contracts, manages to remedy the legislative gap in a minimally satisfactory way, through collective norms of national scope, stipulated by the unions. Faced with the crisis in labor law, unions have acted as a last barrier, not only between employees and employers, but also between the legislative and workers, using collective contracts to reestablish balance between capital and the work.