O fracionamento das férias autorizado pela reforma trabalhista e sua compatibilidade com o direito à desconexão

Abstract

The present study seeks to analyze the change brought about by the promulgation of Law 13467/2017, known as the labor reform, in relation to the fractionation of vacations and the right to disconnect. It seeks to understand to what extent this fractionation does not violate the worker's right to disconnect, which, being at the level of inequality with the employer, often only accepts what is imposed on it. For this, the methodology to be used to obtain the information and conclusion of the research problem is the deductive one, in which a qualitative research will be done, together with a bibliographical research and consultations to Brazilian precedents and legislations. At the outset, an approach will be taken on the issue of the right to rest, when it will be understood why this is a fundamental and necessary right for all workers, as well as the intervals that are regulated by labor legislation. Subsequently, we will work with the right to vacation and how this would materialize the right to rest, demonstrating how these vacations are a fundamental right and how they were given before and after the labor reform. Finally, it was tried to relate the compatibility of the vacation right with the right to disconnect, directly addressing the existential damage, which is currently a major problem due to the non-disconnection of work.