Managers and occupants of management positions: The exception of article 62 II of the Consolidated Labor Laws and the disconnection’s right

Abstract

The aim of this paper is showing how the absence of control over managers' working hours, due to the argument of total autonomy, results in an ever-increasing demand to meet targets, disrespecting the boundaries between work and private life. The lack of express protection in Brazilian legislation means that the guarantee of the right to disconnect only occurs when the worker goes to the courts to bring about an innovation on the subject. The relevance of the topic lies precisely in tackling this lack of legislation guaranteeing the right to disconnect, which would also allow for more efficient and protective action by the Labor Inspectorate. In view of this, a case study was conducted based on two decisions of the Regional Labor Court of the 13th Region with different results, one favorable and the other unfavorable to the worker. Bibliographic and documentary research was conducted, based on scientific articles obtained from the Scielo indexed database and the CAPES journals portal, and a deductive and dialectical research methodology was applied. The conclusion is that Brazilian legislation partially protects the right to disconnect for those in positions of management or trust. There is a need for a change in society's and legal operators' view of the world of work. Protecting the right to disconnect means promoting decent work, which is work performed in conditions of equality, freedom, safety, and dignity.