For professionals who constantly use mobile phone in the workplace, it is important to know that this exaggerated use can endanger their job, after all, according to Brazilian law, dismissal for just cause due to the use of mobile phone at work is valid.
Currently, the Labor Court understands that companies can dismiss the employee who makes misuse of mobile device and applications such as WhatsApp, Facebook, Instagram, Twitter and several other services on smartphones during office hours.
In these cases, even dismissal may be just cause, causing the employee to lose access to various labor rights, such as the fine of the Guarantee Fund. In addition, this dismissal also impairs the image of the professional in the labor 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 ban mobile phones in the workplace, just as they can control the use of the internet from their employees, provided there is the knowledge of this control by the company's employees.
According to lawyer specializing in labor law and processes, Guilherme Neuenschwander, if not expressly written that is prohibited, what is worth in this instance is the labor law. "Labor law has the possibility to apply coercive measures to the workplace when there is abuse of law. The key is for the professional not to let his cell phone disturb productivity, keeping in mind that he was hired to exercise specific tasks and need to comply with them," explains the lawyer.
Legislation, rights and misuse of mobile phone
The misuse of the internet by employees can greatly compromise the productivity of the company. This waste of time can occur in countless ways, access to social networks such as Facebook or Instagram, access to personal email, communication services such as WhatsApp or Telegram, entertainment sites, purchases, sports, among others. According to the survey we publish in another article on our blog, workers are interrupted on average 14 times a day because of these internet tools and each interruption the employee takes an average of 20 minutes to return to the original task. We even talked about internet access control in companies on our blog, mentioning what should or should not be blocked.
To alleviate such problems, managers must first formalize and leave transparent rules for all employees in a specific document, such as this document model on internet use policy and mobile phones in companies . There is also a specific document model on mobile phone use policy in the company .
If employees do not comply with the rules, the ideal is to apply warnings and penalties, the dismissal for just cause should be the last alternative, only when professionals do not want to accept or comply with the determinations of mobile phone use at work imposed by the company.
In Brazil
In Brazil there are no specific laws on the use of mobile and the internet at work, but justice understands that in the corporate environment, employees' time should be restricted to work -related activities and linked to the company.
With this, any personal activity can be considered deviation of conduct. Therefore, it is consistent with professionals to respect the company's rules to maintain and increase team productivity and avoid layoffs.
Thus, we understand that organizations have freedom and autonomy regarding restricting mobile phone use and the policy of using devices and the internet at work.
But regardless of what this company policy is, the professional must have criteria and value their good professional performance, avoiding exaggerated use of mobile phone and their applications, thus maintaining their good productivity and bringing the company better results.
Cases using mobile
In a recent decision, the Superior Labor Court (TST) did not grant compensation to a professional who had his hand crushed by a "press" while trying to take the cell phone that dropped into the equipment. In the decision, the rapporteur of the case considered that the employee acted recklessly.
In another case judged by the TST, a telemarketing operator was dismissed for just cause maintained by insubordination and indiscipline when using his cell phone at work, which was prohibited by the company where he worked.
Should I ban mobile phone use in my company?
Today the vast majority of the population has a mobile device with internet and access to social networks , entertainment, information and more. Personal subjects, random conversations, often end up stopping inside your business and this makes employees' time was wasted and labor tasks are in the background.
I believe that you have realized that in your company this dispersion exists, and it is of great relevance that it establishes rules of use or even the prohibition, aiming at greater productivity.
However, for every choice there is a resignation, especially when your company's area of expertise does not have the mobile phone at any time as a work tool. If you choose the ban, you may have anxiety and employee well-being problems. If your choice is of total release, you will maintain the problems you probably have, productivity and concentration.
However, you can also use an internet management tool that helps employees do not have complete internet access on mobile, but as the accessions of access by websites, or schedules, by you manager are established.
How to restrict the use of the internet and cell phones?
First of all, managers and employees must have common sense and seek balance. It is possible to define restrictions and at the same time allow some services and times when employees can perform important personal activities on the Internet, thus avoiding misuse of mobile phone and possible dismissal.
But it is essential to know that the legislation reserves organizations the right to monitor, restrict and create rules to prevent the loss of productivity of its employees, including dismissal for just cause for the use of mobile phone at work.
By applying any type of control, it is necessary for the company to inform the employee, formalizing this procedure through a document that describes the policy of use of the internet and cell phones in the company, which proves the employee's science.
In addition to restricting mobile phone use and access, you can implement rules and control used applications using Internet use management such as Lumiun .
You can see more information about the solution in the internet access control guide to companies .
And in your company, how is the use of mobile and the internet for employees? Share your experience and opinion in the comments.
6 Comments
Comments closed