Communication via messages has become quite common in the corporate sphere, thus facilitating contact between employees and managers or between companies and customers at any time of the day. However, Out-of-hours messages may generate overtime.
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In addition, the Labor Court already has an understanding of these cases. As a result, the sentences range from paying the overtime that the employee, by interpretation, worked, to moral damages, if such messages are of an offensive nature.
overtime payments
The messages sent, both in private chats and in work groups, can be interpreted as demands after hours, and thus generate the receipt of overtime. In addition, they give the employee the right to demand payment of these amounts in court.
In addition, these messages can even serve as proof, since the employee does not need to respond outside working hours, even if you have a company-provided electronic device under your responsibility.
Companies need to adapt to the LGPD
In addition, employees, managers and companies must adopt a series of precautions when exchanging information via messages and e-mails, in order not to infringe the General Data Protection Law (LGPD).
Therefore, employers are advised not to contact their employees outside of business hours. They should also avoid sending documentation and other personal data of their employees through messaging applications.
In addition, in case of change to the “home office” regime, it is necessary to redo the employment contract, in addition to being always alert so that the employee's data does not suffer leaks. Since the LGPD emerged with the aim of protecting such personal information, in this sense, violating this law can result in serious punishment for companies.