Problems in the work environment of some companies, cell phones are a reason for dismissal just for the cause in many labor lawsuits being processed in the Brazilian judiciary. Many of these dismissed workers try to seek support in lawsuits, as the issue is not regulated in the country, but the courts are empowering employers.
Justice understands that companies may create mechanisms to restrict or prohibit the use of cell phones for personal purposes during the workday. When the rule is violated, the employee can actually be fired for justifiable reason.
According to Valor, more than 47,000 cases are being processed in courts across Brazil. A bill was passed in the National Congress and proposed a comprehensive discussion on the regulation of the subject, but PL was dropped from the list.
In many cases in which labor courts analyze cases of employees who were fired for using cell phones in a professional environment, magistrates observe rules violations, indiscipline and non-compliance.
In general, companies do not usually fire employees immediately and warn against excessive cell phone use during working hours. In these cases, it is worth heeding the company’s rules and, at first warning, minimizing private moments to avoid a dismissal that takes away rights such as prior notice, 13th pay, FGTS fines and unemployment insurance.
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