In 2016 the mobile phone became the main means of internet access in Brazil and indispensable object for most of the population, where we included in this group most professionals during work. According to Anatel, in May 2016 Brazil reached 255.23 million active lines for mobile telephony, with growth of almost 80% compared to the 143 million lines in 2014.
In addition, with the evolution of the connectivity of devices with the internet, the main function of mobile phones became the use of internet services, such as email access, social networks, instant communication programs, audio applications, video and images. Where the main ones we can highlight are Facebook, WhatsApp, Messenger, Instagram, Twitter, Skype, Snapchat and many others.
Bringing the theme to the corporate environment of people management and IT resources in companies, the objective of the article is to scale what managers can/should do to face this situation of use of mobile phones and the internet in the workplace and what can be done in critical cases of waste of time and falling productivity, also addressing some issues of Brazilian labor legislation on the subject.
The use of personal and internet mobile phone is at the top of the list of 10 habits that most compromise the productivity of professionals in the workplace . To solve this problem, practical and complementary measures are required, ranging from good guidance to employees to the use of devices and the internet; Monitoring of activities, achievement of goals and delivering results from employees and teams; Even the use of IT services that allow you to create rules of what may or may not be accessed on the Internet by employees and generate reports regarding navigation within the corporate network of the company.
Nowadays, it is common for professionals to use their mobile device and access email accounts or social networks with their personal accounts in the workplace, which can lead to numerous problems for professionals such as companies.
Even this being a common practice in companies today, we have no Brazilian labor legislation in the appliances or internet rules in the workplace and possible punishments about it.
It is therefore important that companies define in their Internal Regulations guidelines to mark the use of these resources, describing what may or may not be accessed, under what circumstances it is possible to use and which punishments applied to those who fail to comply with the rules of the company. You can download a document model on technology use policy in corporate environments to implement in your business. There is also a specific document model on mobile phone use policy in the company .
In this context, the companies have the support of the Consolidation of Labor Laws (CLT), where in their article 482, the possible reasons for dismissal for just cause are listed, the letter “e” a “ desidia in the performance of the respective functions ”. In this case, desidia corresponds to sloppiness in the fulfillment of the functions developed. Therefore, simple and common actions today, such as answering phone calls, accessing profile on social networks or even looking and sending messages via WhatsApp or Messenger, characterizing negligent behavior that diverts the necessary attention that should exist by the employee to perform their pre-established activities in the company.
We can cite several examples of scenarios where mobile or internet use can characterize a lack of commitment or sloppy with the activities performed, such as telemarketing companies, where the activity requires exclusive attention and any distraction can impair service. Or, accounting offices where the team remains practically all working time performing service activities and computer operations.
In cases where the employee suffered some warning and still continues to act repeatedly, accessing his mobile phone or performing personal activities on the Internet that generate waste of time and non-performance of his duties, it is characterized indiscipline and even insubordination. These points are foreseen in the letter “h” of the same article 482 of the CLT, which includes “ act of indiscipline or insubordination ”. Which can also result in dismissal for the employee's just cause.
Other points that can be supported by CLT, cover the possibility of the employee to promote via social networks and communication systems photos, videos or messages that can compromise/shake the image of clients of company or co -workers, as for the disclosure of confidential data from other companies that have commercial relationship with the company in question. For these cases we have subparagraphs “j” and “k”, which address “ harmful act of honor or good fame in service against anyone, or physical offenses, under the same conditions, except in case of self -defense, own or other; ” and “ harmful act of good fame or physical offenses against the employer and superior hierarchicals, except in case of legitimate defense, their own defense, their own defense, their own defense, their own defense, their own defense or of others ;
On the other hand, we have situations where employee working conditions are related to their motor capacity and any lack of attention can result in occupational accidents. For example activities such as operation of machines, drivers and others. For these cases, it is strongly recommended to prohibit cell phones, as any accident can cause physical and assets.
The reality is that we are going through a period of major social and professional changes, caused mainly by access to information. No news, new technologies, concepts and tools that impact the daily lives of professionals and companies, totally changing the way of work. This should cause some movement from the legislature, especially in the labor area. What unfortunately is not yet happening in Brazil. Therefore the need to continue following the existing rules, partly obsolete, in the application and judicialization of labor laws.
This demonstrates that the judiciary has decided labor processes without existing rules for such circumstances, such as mobile and internet use for personal activities in the workplace. This generates legal architectural, based on fundamental constitutional principles and social rights, different from the rules provided for in the consolidation of labor laws.
Therefore, there is no impediment regarding the application of labor law and CLT rules in cases related to the use of technology at work that result in losses for the company. However, in a country where legislation is the basis on any judicial definition, it would be important to have changes in labor laws, aiming to meet these specific scenarios.
And you, what do you think of the legislation and behavior of managers regarding the use of cell phones and the internet in the workplace? How is this theme addressed in your company?
4 comments
Comments closed