For professionals who constantly use their cell phones in the workplace, it's important to know that this excessive use can jeopardize their jobs, since, according to Brazilian law, dismissal for just cause due to cell phone use at work is valid.
Currently, the Labor Court understands that companies can fire employees who misuse their cell phones and applications such as WhatsApp, Facebook, Instagram, Twitter, and several other services on their smartphones during working hours.
In these cases, the dismissal may even be for just cause, resulting in the employee losing access to various labor rights, such as the Guarantee Fund fine. Furthermore, this dismissal also damages the employee's image in the job market.
For the Judiciary, according to art. 482 of the CLT (which deals with dismissal for just cause), companies have legal and legal support to control or even prohibit the use of cell phones in the workplace, in the same way that they can control the Internet use of their employees, as long as there is knowledge of this control by the company's employees.
According to Guilherme Neuenschwander, a lawyer specializing in labor law and litigation, unless it's expressly prohibited, labor law prevails in this instance. "Labor law allows for coercive measures to be applied in the workplace when there's an abuse of rights. The key is for employees to avoid letting cell phones interfere with productivity, keeping in mind that they were hired to perform specific tasks and must fulfill them," explains the lawyer.
Legislation, rights and misuse of cell phones
Improper internet use by employees can significantly compromise company productivity. This time wastage can occur in countless ways, including accessing social media platforms like Facebook or Instagram, accessing personal email, communication services like WhatsApp or Telegram, and entertainment, shopping, and sports websites, among others. According to research published in another article on our blog, workers are interrupted an average of 14 times a day by these internet tools, and each interruption takes an average of 20 minutes for to return to their original task. We even discuss controlling internet access in companies on our blog, mentioning what should and shouldn't be blocked.
To mitigate such issues, managers should first formalize and make the rules transparent to all employees in a specific document, such as this template document on internet and cell phone usage policy in companies . There is also a specific document template on the company's cell phone usage policy .
If employees do not comply with the rules, the ideal is to apply warnings and penalties. Dismissal for just cause should be the last resort, only when employees do not want to accept or comply with the company's cell phone use regulations at work.
In Brazil
In Brazil, there are still no specific laws regarding the use of cell phones and the internet at work, but the courts understand that in the corporate environment, employees' time should be restricted to work-related activities linked to the company.
Therefore, any personal activity can be considered misconduct. Therefore, it's consistent for employees to respect company rules to maintain and increase team productivity and avoid layoffs.
Therefore, we understand that organizations have the freedom and autonomy to restrict cell phone use and their policy on using devices and the internet at work.
But regardless of the company's policy, employees must have criteria and value their professional performance, avoiding excessive use of cell phones and their applications, thus maintaining good productivity and bringing better results to the company.
Cases involving cell phone use
In a recent ruling, the Superior Labor Court (TST) denied compensation to an employee whose hand was crushed by a "press" while trying to retrieve a cell phone he dropped. In the ruling, the reporting judge found that the employee acted recklessly.
In another case judged by the TST, a telemarketing operator had his dismissal for just cause upheld due to insubordination and indiscipline when using a cell phone at work, which was prohibited by the company where he worked.
Should I ban cell phone use in my company?
Today, the vast majority of the population has a mobile device with internet access and access to social media , entertainment, information, and more. Personal matters and random conversations often end up within your company, wasting employees' time and relegating work tasks to the back burner.
I believe you have noticed that this dispersion exists in your company, and it is of great importance that you establish rules for its use or even its prohibition, aiming at greater productivity.
However, with every choice comes a trade-off, especially when your company's area of activity never uses cell phones as a work tool. If you choose to ban them, you may experience issues with employee anxiety and well-being. If you choose to completely allow them, you'll likely maintain the same productivity and concentration issues you're likely experiencing.
However, you can also use an internet management tool, which helps employees not have full internet access on their cell phones, but rather access permissions established by websites or schedules by you, the manager.
How to restrict internet and cell phone use?
First and foremost, managers and employees must exercise common sense and seek balance. It's possible to set restrictions while still allowing certain services and times when employees can perform important personal activities online, thus avoiding inappropriate cell phone use and potential dismissal.
But it is essential to know that legislation reserves organizations the right to monitor, restrict and create rules to prevent loss of productivity among their employees, including dismissal for just cause due to cell phone use at work.
When applying any type of control, the company must inform the employee, formalizing this procedure through a document that describes the company's internet and cell phone usage policy, which proves the employee's knowledge.
In addition to restricting cell phone use and access, it is possible to implement rules and control the applications used, using Internet usage management , such as Lumiun .
You can see more information about the solution in the Internet Access Control Guide for Businesses .
And at your company, how do employees view cell phone and internet use? Share your experience and opinion in the comments.
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