Smart working

: um novo modelo de trabalho?

Abstract

At a time when the future of work is being discussed (and the work of the future), there are several problems we are currently facing and which Labor Law must respond to. The influence of the New Technologies of Information and Communication is felt in all the dimensions of our lives, which necessarily implies our professional life. The impact is revealed in the way we work, in the means used and even in the monitoring of the execution of the service. Smart Working assumes itself as a new paradigm of the Management’s scope that advocates for the return to the person-worker of the power to configure and to selforganize the provision of the work, allowing him to decide where, when and how it works. In addition, it aims to give you greater responsibility for results. Its aim is to increase competitiveness and productivity and, at the same time, to improve the reconciliation of private and professional life. As might be expected, this view of the world of work implies a weakening of the current labor traits, especially the contrast between legal subordination and autonomy. In addition, it poses a series of challenges to workers and employers, in different aspects, namely regarding the protection of the right to privacy, about which the right to disconnection has been mentioned. Considering the specificities and challenges posed by this new paradigm, and looking at the Italian example, the objective of this study is to understand if, on the one hand, there are legislative conditions capable of accepting this form of work and, on the other hand, what impact this regime will have in Portuguese Labor Law. Are there specificities that justify the creation of a new form of work provision? Or is the existing mechanisms sufficient to promote and implement this new form of work organization?

Date of Award	8 Sept 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Milena Rouxinol (Supervisor)