Can an employee be fired for just cause for using a cell phone?

Who doesn't have a cell phone these days? Currently, it is practically impossible to live without this electronic device, which seems to be so harmless at times, but it is not. Especially when we talk about its use in the work environment. And then, could it happen dismissal for just cause for excessive cell phone use? Check it out below!

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What is considered in the legal scope?

Although there is no specific law regarding the indiscriminate use of cell phones in the work environment, there are several legal disputes on this subject. This is because there are some understandings of jurists who show that a person can be fired for just cause for the excessive use of electronic devices. On the other hand, other jurists claim that this possibility does not exist.

However, the company must educate its employees on acceptable cell phone use in their work environment and during office hours. Thus, many experts report that, in order to consider dismissal for just cause, it is necessary to mention this rule when hiring the employee and in their employment contract.

Can other measures be taken before dismissal?

We know that a dismissal for just cause is the most serious measure to deal with an uncomfortable situation between the employee and the employer. With this, you need to be very careful when making this decision, as it is a very extreme action.

In view of this, it is also possible to take other disciplinary measures before opting for the employee's dismissal. In this case, it is recommended to use warnings and suspensions as ways to make the employee improve his behavior.

And when the cell phone is a work tool?

There is also another situation that is becoming more and more common: having the cell phone as the main means of work for an employee. So what to do in these cases? Although the electronic device has brought greater practicality, savings and time optimization for many companies, several research shows that the cell phone can influence employee concentration and undermine their performance in their commitments daily.

In view of this, the ideal is for the employer to be very clear with his employee about his needs regarding the use of cell phones as a work tool. If necessary, it is possible to determine the times for its handling and limit access to some platforms during working hours.

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