In 2016, cell phones became the primary means of internet access in Brazil and an indispensable item for a large portion of the population, including many professionals. According to Anatel, in May 2016, Brazil reached 255.23 million active mobile lines, a nearly 80% increase compared to the 143 million lines in 2014.
Furthermore, with the evolution of device connectivity to the internet, the primary function of cell phones has become the use of internet-based services, such as accessing email, social networks, instant messaging programs, and audio, video, and image applications. The main ones we can highlight are Facebook, WhatsApp, Messenger, Instagram, Twitter, Skype, Snapchat, and several others.
Bringing the topic to the corporate environment of people management and IT resources in companies, the article's objective is to assess what managers can/should do to address this situation of using cell phones and the internet in the workplace and what can be done in critical cases of wasted time and decreased productivity, also addressing some issues of Brazilian labor legislation on the subject.
Personal cell phone and internet use top the list of the 10 habits that most compromise employee productivity in the workplace . Addressing this problem requires practical and complementary measures, ranging from providing employees with proper guidance on device and internet use; monitoring employee and team activity, achieving goals, and delivering results; and utilizing IT services that allow for the creation of rules governing what employees can and cannot access online and generate reports on their browsing within the company's corporate network.
Nowadays, it is common for professionals to use their cell phones and access email accounts or social networks with their personal accounts in the workplace, which can cause numerous problems for both professionals and companies.
Even though this is a common practice in companies today, Brazilian labor legislation does not mention any rules regarding the use of devices or the internet in the workplace and possible penalties in this regard.
Therefore, it's important for companies to define guidelines in their internal regulations to govern the use of these resources, outlining what can and cannot be accessed, under what circumstances their use is permitted, and the penalties for violating company rules. You can download a template document on technology use policy in corporate environments to implement at your company. There's also a specific document template on the company's cell phone use policy .
In this context, companies rely on the Consolidation of Labor Laws (CLT), which lists the possible grounds for dismissal for cause in Article 482, with letter "e" representing " negligence in the performance of duties ." In this case, negligence refers to carelessness in the performance of duties. Therefore, simple and common actions today, such as answering phone calls, accessing social media profiles, or even viewing and sending messages via WhatsApp or Messenger, constitute negligent behavior and divert the necessary attention that employees must have to perform their pre-established duties within the company.
We can cite several examples of scenarios where cell phone or internet use can indicate a lack of commitment or neglect in the tasks performed, such as telemarketing companies, where the activity requires undivided attention and any distraction can impair service. Or accounting firms where the team spends virtually all of their working hours performing customer service and operations via computer.
In cases where an employee has received a warning and still continues to repeatedly use their cell phone or engage in personal activities online that waste time and interfere with their job responsibilities, this constitutes indiscipline and even insubordination. These points are covered in letter "h" of Article 482 of the Labor Code, which includes " act of indiscipline or insubordination ." This can also result in the employee's dismissal for cause.
Other points that may be supported by the CLT include the possibility of employees sharing photos, videos, or messages via social media and communication systems that could compromise or harm the image of the company's clients or coworkers, as well as the disclosure of confidential data from other companies that have a commercial relationship with the company in question. For these cases, we have items "j" and "k," which address, respectively, " acts detrimental to the honor or good name committed in the course of work against any person, or physical harm, under the same conditions, except in cases of self-defense, whether self-defense or that of others; " and " acts detrimental to the honor or good name or physical harm committed against the employer and superiors, except in cases of self-defense, whether self-defense or that of others; ".
On the other hand, there are situations where employees' working conditions are dependent on their motor skills, and any lack of attention can result in workplace accidents. For example, activities such as operating machinery, driving, and others. In these cases, prohibiting the use of cell phones is strongly recommended, as any accident can cause physical and property damage.
The reality is that we are experiencing a period of major social and professional changes, driven primarily by access to information. New technologies, concepts, and tools are constantly emerging, impacting the daily lives of professionals and companies, completely changing the way we work. This should prompt some action from the Legislature, particularly in the labor sector. Unfortunately, this is not yet happening in Brazil. Hence the need to continue following existing, and some of them obsolete, standards in the enforcement and judicialization of labor laws.
This demonstrates that the Judiciary has been deciding labor cases without existing standards for such circumstances, such as the use of cell phones and the internet for personal activities in the workplace. This creates a legal framework, based on fundamental constitutional principles and social rights, that differs from the standards set forth in the Consolidation of Labor Laws.
Therefore, there is no impediment to the application of labor law and the Consolidation of Labor Laws (CLT) standards in cases related to the use of technology in the workplace that result in losses for the company. However, in a country where legislation is the basis for any judicial decision, it would be important to amend labor laws to address these specific scenarios.
What do you think of the legislation and management's behavior regarding cell phone and internet use in the workplace? How is this topic addressed at your company?
4 comments
Comments closed