A síndrome de Burnout adquirida na vigência do teletrabalho brasileiro e a abordagem dos tribunais regionais do trabalho

Abstract

Teleworking, a modality that consists of providing services, predominantly or not, outside the employer's premises and with the use of information and communication technologies, emerged with the aim of bringing greater flexibility to work environments and the time dedicated to it, dispensing with workers to be physically present in the workplace. However, it is perceived that this work regime carries a set of risks that can affect the worker in different ways, among them is the Burnout Syndrome or Professional Exhaustion Syndrome, which, in January 2022, was considered by the WHO as a work-related illness. Thus, in view of the recent regulation of telework in Brazil, through Law nº 13.467/2017, and the inclusion of Burnout Syndrome as an occupational disease, this research proposed to analyze, from a historical perspective, the regulation of this regime with an emphasis on health and safety. For this purpose, based on the adopted research methodology, Judgments of the Regional Labor Courts were examined, together with legal studies on mental health, in particular the Burnout Syndrome. It is concluded that supervision of the teleworking environment is practically non-existent, which contributes to the workers in this regime being more susceptible to risks that include working hours that go beyond the maximum regulated by law, disrespect for their periods of disconnection and moral harassment.