2023-05-05 23:30:05
If, on the one hand, the WhatsApp messaging application shortens distances, facilitates communication and sharing, on the other hand, it can cause unnecessary exposure. The informality of certain actions, such as dismissal by message, has raised doubts, mainly in the legal field.
After all, does the platform collaborate or is it an opponent in internal communication? Dismissal by app message is disrespect, abuse or not?
Labor lawyer Leonardo Ribeiro explains that there is currently no law that prohibits or prevents dismissal through messaging applications. This is because these apps are commonly used as a means of communication in the daily lives of companies.
However, it is important to emphasize that dismissal done in this way must be done privately and politely. When this happens, moral damage is not applicable, and impersonality does not constitute disrespect or abuse.
That is, it is possible to carry out the dismissal through the application, as long as the employer does not harm any employee’s rights. And if it occurs in groups, which causes unnecessary exposure of the worker, it may be appropriate to seek compensation for moral damages.
For example, the case that occurred in Campinas/SP, in 2021, published on the website of the Superior Labor Court (TST), in which a maid will receive R$ 5,000 in compensation from her former boss for being accused of an unlawful act and fired through the WhatsApp messaging app.
For the 6th panel of the TST, the instrument used for dismissal justifies the conviction. A decision by the TRT of the 2nd region, also in the State of São Paulo, confirmed the validity of the dismissal of a kindergarten teacher made through the application.
Ribeiro advises that the best way to avoid labor lawsuits would be if the dismissal took place in person, in a meeting where the reasons for the dismissal were explained to the employee, thus avoiding any misunderstanding, maintaining good communication, clarifying any reason, without exposing . In this way, possible labor lawsuits are avoided in an amicable way.
“Conversation through messaging applications can be used as a means of communication between the parties as long as it is appropriate to the context and respects labor standards”, highlights Ribeiro.
Article 487 of the CLT, clarifies that the termination of the employment contract on the initiative of the employer must be done at least 30 days in advance, unless otherwise agreed between the parties or in cases of just cause. This means that, even if communication is carried out through messaging applications, if this is a usual means between the parties, this legal deadline must be respected.
The lack of prior notice by the employer entitles the employee to wages corresponding to the period of notice, always ensuring that this period is included in their length of service.
In short, the important thing is that the company, even if it communicates through messaging applications, is cordial, respects labor standards and rights, concludes the lawyer.
With information Focus Writing
#dismissal #Whatsapp #allowed