For professionals who constantly use their cell phones in the workplace, it is important to know that this excessive use can put their job at risk, after all, according to Brazilian legislation, dismissal for just cause due to using a cell phone 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 smartphones during working hours.
In these cases, the dismissal may be for just cause, causing the employee to lose access to various labor rights, such as the Guarantee Fund fine. Furthermore, this dismissal also damages the professional'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 support to control or even prohibit the use of cell phones in the workplace, in the same way that they can control the use of the Internet by their employees, from that there is awareness of this control on the part of the company's employees.
According to the lawyer specializing in labor law and processes, Guilherme Neuenschwander, if it is not expressly written that it is prohibited, what applies in this instance is labor law. “Labor law has the possibility of applying coercive measures in the workplace when there is an abuse of rights. The key is for professionals not to let their cell phones hinder their productivity, bearing in mind that they were hired to perform specific tasks and that they need to fulfill them”, explains the lawyer.
Legislation, rights and misuse of cell phones
Improper use of the internet by employees can greatly compromise the company’s productivity. This waste of time can occur in countless ways, accessing social networks such as Facebook or Instagram, accessing personal email, communication services such as WhatsApp or Telegram, entertainment sites, shopping, sports, among others. According to research that we published in another article on our blog, workers are interrupted on average 14 times a day because of these internet tools and with each interruption the employee takes an average of 20 minutes to return to the original task. We even talk 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 make the rules transparent to all employees in a specific document, such as this model document on internet and cell phone use policy in companies . There is also a specific document model on the company's cell phone use 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 alternative, only when professionals do not want to accept or comply with the determinations regarding cell phone use at work imposed by the company.
In Brazil
In Brazil, there are still no specific laws on the use of cell phones and the internet at work, but the Court understands that in the corporate environment, employees' time must be restricted to activities related to work and linked to the company.
Therefore, any personal activity can be considered misconduct. Therefore, it is consistent for professionals to respect the company's rules with the aim of maintaining and increasing the team's productivity and avoiding layoffs.
Therefore, we understand that organizations have freedom and autonomy regarding restricting the use of cell phones and the policy regarding the use of devices and the internet at work.
But regardless of what the company's policy is, professionals must have criteria and value their good professional performance, avoiding excessive use of cell phones and applications, thus maintaining good productivity and providing the company with better results.
Cases involving cell phone use
In a recent decision, the Superior Labor Court (TST) did not grant compensation to a professional who had his hand crushed by a “press” when trying to pick up a cell phone that he 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 due to insubordination and lack of discipline 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 and access to social networks , entertainment, information and much more. Personal matters, random conversations, often end up within your company and this causes employees' time to be wasted and work tasks to take a backseat.
I believe you have realized that this dispersion exists in your company, and it is of great importance that you establish usage rules or even bans, aiming for greater productivity.
However, for every choice there is a waiver, especially when your company's area of activity does not at any time include the cell phone as a work tool. If you choose to ban, you may have employee anxiety and well-being issues. If your choice is total release, you will maintain the problems you probably have, with productivity and concentration.
However, you can also use an internet management tool, which helps ensure that employees do not have complete access to the internet on their cell phones, but rather as access permissions are established by websites, or by schedules, by you, the manager.
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 carry out important personal activities on the internet, thus avoiding misuse of cell phones and possible dismissal.
But it is essential to know that the legislation reserves to organizations the right to monitor, restrict and create rules to avoid the loss of productivity of their employees, including dismissal for just cause due to the use of cell phones at work.
When applying any type of control, it is necessary for the company to inform the employee, formalizing this procedure through a document that describes the company's internet and cell phone use policy, which proves the employee's awareness.
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 for Business Guide .
And in your company, how is the use of cell phones and the internet viewed by employees? Share your experience and opinion in the comments.
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