Recent layoffs at technology also reached Nubank, which ended the contract with almost 30 employees. However, former employees report the inclusion of a contractual clause that prevents them from criticizing fintech.
As the measure draws attention, many people wonder if it is in accordance with the law and what is the purpose of this type of contractual clause. Below, see what experts say about the topic.
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Nubank adds non-defamatory clause: what does that mean?
It's not uncommon for former employees to report negative experiences with their previous jobs on social media.
To avoid this kind of negative attention and criticism from former employees, the Nubank added non-defamatory clauses to its staffing contracts.
Through this clause, employees receive about two extra salaries and three months of health insurance after dismissal. In return, they must not speak ill of the company on social media or any other means of communication.
The measure applies to both former employees and Nubank. In case of non-compliance with the clause by the employees, the company suspends the benefit granted.
The reason for fintech to add the clause is to avoid negative comments about the institution, as well as words that could tarnish the company's image, built through a good relationship with the client and practices of inclusion of employees.
Is the measure in accordance with Brazilian law?
Recent comments on the clause spark the debate about the legality of the contractual provision, that is, whether or not the alleged restriction of the former employee's freedom of expression is illegal.
According to labor legislation, the measure is not illegal and can be added to the contract. However, it can be invalidated by a labor judge, if he understands that the agreement between the company and the employee is harmful to the employee.
However, while not illegal, including such a clause draws attention to relationships within the company. This is because it is believed that in good working environments there is no need to put non-defamatory clauses.