L’impatto delle nuove tecnologie nella conciliazione tra vita e lavoro

Teresa Coelho Moreira

Abstract


The work-life balance is a fundamental issue for all the workers and it is linked to many others, such as quality of work, female participation in the labour market, gender equality and active ageing.

Among the new challenges of contemporary society, a key role is played by the introduction in the workplaces of new digital and computer technologies, which may change working-time arrangement and, at the same time, guarantee more flexibility in working-time.

On the one hand, this phenomenon can lead to a better management of working-time; nevertheless, on the other hand, it can determine an increase in working hours, since digital technologies and working-time flexibility are associate with a different evaluation of workers’ performance no more in reference to the working time, but on the basis of the results. It may result in an increase of the working time. Indeed, working hours’ flexibility does not always ascribe more freedom to the workers, but, as it is often the case, it can lead to an increase in working time, which encroach on private and family life.

Technologies offer the possibility to “anytime-anyplace” jobs, but it can not result in a demand of working “always-everywhere”. The working times allowed by new technologies risks to result in new sweating practices: even though digital technologies provide easier way to shape working time patterns, actually it challenges the fundamental right of workers to have a day of rest. The distinction between working and non-working time becomes less and less visible and the border line between personal and professional life is more and more confused.

In order to avoid these criticisms, it was theorized the “right to disconnect”, which is the last frontiers of right to privacy in the 21 st century.

The “ghost of ubiquity” is appearing, since workers are requested to be connected always and everywhere.

At the moment, the tendency is to request a broader participation of workers in the life of the enterprise. It leads to actual difficulties in distinguishing working time and personal and family life.

It is essential an alternation between work connection and disconnection. It is a matter of wisely managing working time patterns and connection/disconnection times. In order to guarantee this aim, social partners through social dialogue can play an important role.

It seems to be a possible way forward to reach a compromise between flexible working hours and the private life of workers.

Another problematic aspect regards the introduction of information and communications technology (ITC) in workplaces.

The potentiality of such new technologies is the basis of a new revolution concerning intelligent production systems and new way of working, called “sharing economy” or “collaborative economy”. Such new economies involve promises of a new great development, but also many challenges which require a protective intervention involving governments, enterprises, workers and individuals.

It is not only a structural change, but also and above all a functional change, in the sense that the way of providing work is profoundly changing. It implies a new labour law conception, not only because of a substantial change of its protective capacity, but also because it involves a profound change of its scope and of the extent of its protection area; it also implies a profound reflexion about labour law rules at national, European and international level. In this sense, we can talk about a new labour law dimension.

Work is a key factor in this transformation and in the digital revolution.

We are used to talk about “work 4.0” and about the heterogeneous phenomenon of the sharing economy. In particular, the latter includes crowdwork, work on digital platform and work on-demand via apps. The great change of work does not involve only industry 4.0. Obviously, it does not exist a homogeneous and monolithic concept relating to this type of work, since methods and ways of working may change on the basis of the service required by the customer and in relation to the complexity and the quality of the work.

If any active policy for women will not be taken, in the future women will miss best career opportunities, risking to get worse the already marker gender inequality.

In the light of that, it is essential to adopt a holistic approach to cope with this situation and to encourage a greater female participation in the labour market, through real integration policy.

Work 4.0 is an opportunity without precedent to reach the same participation of women in the labour market through focusing the attention on the gender equality issue within the digital labour market.


Parole chiave


web; gender discrimination; big data; digital labour market; gender segregation; smart working; work 4.0

Riferimenti bibliografici


F. CARINCI, Rivoluzione tecnológica e Diritto del Lavoro: il rapporto individuale, in GDLRI, n. 25, 1986, p. 203 ss.

CITE, Relatório sobre o progresso da igualdade entre mulheres e homens no trabalho, no emprego e na formação profissional – 2014, 2015, p. 45 ss.

T. COELHO MOREIRA, A discriminação em razão da idade no contexto de uma população envelhecida na UE, in Igualdade e Não Discriminação – Estudos de Direito do Trabalho, Almedina, Coimbra, 2013 p. 9 ss.

T. COELHO MOREIRA, O diálogo social e trabalhadores vulneráveis num mercado de trabalho flexível e precário, in Contratação coletiva: velhos e novos desafios em Portugal e Espanha, Estudos APODIT n.º 3, ccord.

M. R. PALMA RAMALHO – T. COELHO MOREIRA, AAFDL, Lisboa, 2017.

T. COELHO MOREIRA, Algumas questões sobre trabalho 4.0, in XX Congresso Nacional de Direito do Trabalho – Memórias, Almedina, Coimbra, 2017.

K. DAVAKI, Differences in men’s and women’s work, care and leisure time, União Europeia, 2016, p. 37 ss.

ETUC, Bargaining for Equality - How collective bargaining contributes to eliminating pay discrimination between women and men performing the same job or job of equal value, 2014, p. 7 ss.

ETUI, Benchmarking Working Europe 2016, Bruxelas, 2016, p. 25 ss.

EUROFOUND, Income from work after retirement, Luxemburgo, 2012.

EUROFOUND, Role of governments and social partners in keeping older workers in the labour market, Luxemburgo, 2013, p. 13 ss.

EUROFOUND, Work preferences after 50, Luxemburgo, 2014.

EUROFOUND, Families in the economic crisis:Changes in policy measures in the EU, Luxemburgo, 2015.

EUROFOUND, Working and caring:Reconciliation measures in times of demographic change, Luxemburgo, 2015.

EUROFOUND, The gender employment gap: Challenges and Solutions, Luxemburgo, 2016.

EUROPE INSTITUTE FOR GENDER EQUALITY, Reconciliation of work, family and private life in the European Union – Policy review, Publicações Oficiais da UE, Luxemburgo, 2015, p. 39 ss.

EUROSTAT, Labour Force Statistics – transition from work to retirement, 2015.

EUROSTAT, Labour Force Survey 2014, 2015.

C. FARINHA RODRIGUES – R. FIGUEIRAS – V. JUNQUEIRA, Desigualdade do Rendimento e Pobreza em Portugal: As consequências sociais do programa de ajustamento, Fundação Francisco Manuel dos Santos, 2016, pp. 92 e ss.

C. FREY - M. OSBORNE, The future of employment: how susceptible are jobs to computerisation, in Oxford Martin Programme on the Impacts of Future Technology, University of Oxford, Oxford Martin School, 2013.

L. GONÇALVES DA SILVA, em anotação ao art. 492.º, in Código do Trabalho Anotado, 9.ª edição, Almedina, Coimbra, 2013, pp. 974-975.

GREET VERMEYLEN, Balance is key for sustainable work throughout the life course, in Foundation Focus, n.º 19, 2016, p.10 ss.

INE, Estatísticas de emprego, fevereiro, 2017, in www.ine.pt

J.M. JUNGBLUT, Reconciling work and care duties for adult relatives, in Foundation Focus, n.º 19, 2016, p. 15 ss.

K. KUSHLEV – E. W. DUNN, Checking email less frequently reduces stress, in Computers in Human Behaviour, novembro 2014, p. 220 ss.

H. MEENAN, The challenge of a European ageing population: problems, recent case-law and mainstreaming, 2011, ERA, disponível em www.era.int.

S. MOORE – S. WOOD – P. DAVIES, Research and Reports, in Industrial Law Journal, vol. 29, n.º 4, 2000, p. 403 e ss.

A. NEAL, Active ageing and the limits of Labour Law, in Active Ageing and Labour Law – Contributions in Honour of Professor Roger Blanpain, Intersentia, Antuérpia, 2012, p. 33 ss.

M.R. PALMA RAMALHO, Tratado de Direito do Trabalho – parte III – Situações Laborais Coletivas –, Almedina, Coimbra, 2012, p. 269 ss.

M. R. PALMA RAMALHO, Country report – Gender equality How are EU rules transposed into national law? Portugal, Publicações Oficiais da UE, 2016, p. 18 ss.

M.R. PALMA RAMALHO – T. COELHO MOREIRA, Comparative Labor Law Dossier - Equality, Non-Discrimination and Work-Life Balance in Portugal, in IusLabor, n. 2/2016.

PARENT-THIRION, Working hours are decreasing, so does work-life balance still matter?, in Foundation Focus, n.º 19, 2016, p. 3 ss.

J.E. RAY, Qualité de vie et travail de demain, in DS, n.2, 2015, p. 148 ss.

J.E. RAY, Grande accélération et droit à la déconnexion, DS, n.º 11, 2016, p. 916 ss.

K. REINKE – T. CHAMORRO-PREMUZIC, When email use gets out of control:Understanding the relationship between personality and email overload and their impacto n burnout and work engagment, in Computers in Human Behaviour, maio 2014, p. 502 ss.

Z. SIMOVÁ, To work or not to work: motivation for work after reaching retirement age, in Working and Ageing- Emerging theories and empirical perspectives, CEDEFOP, Luxemburgo, 2010, p. 169 ss.

A. SUPIOT, Travail, droit et technique, DS, n.º 1, 2002, p. 21 ss.

A. SUPIOT, Au- delà de l’emploi, Flammarion, 2016, p. XXVII ss.

A. WINKELMANN-GLEED, Retirement or committed to work? Conceptualising prolonged labour market participation through organizational commitement, in Employee Relations, vol. 34, n.º 1, 2012.

WORLD ECONOMIC FORUM, The Future of Jobs, 2016.




DOI: 10.6092/issn.2421-2695/6857

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Copyright (c) 2017 Teresa Coelho Moreira

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