The impact of teleworking on worker’s health: An analysis of the employer’s role for the preservation of occupational health, from the perspective of Dworkin’s law as integrity

Abstract

Considering that a portion of workers has recently migrated to teleworking without planning for occupational health, the following issues are addressed: is it up to companies to establish protective mechanisms to guarantee health in teleworking?  Does the identification  of  risks  in  the  domestic  environment  infringe  Article  5,  items  X and XI, of the Brazilian Constitution? The objectives are: i) to identify the characteristics of  teleworking;  ii)  to  describe  the  employer’s  obligation  regarding  the  health  of  its employees; iii) to analyze the apparent conflict between the constitutional norms of health preservation, intimacy, and privacy. It is concluded that the State must regulate teleworking and companies must establish mechanisms aimed at preserving the health of their workers.