The use of cell phones in the work environment has been increasingly promoted in order to facilitate communication between employees. However, the exaggerated use of this mechanism, such as exchanging messages after working hours, can cause discomfort, interfering with workers' rest time. For this reason, find out now if receiving a work message after hours can be considered as overtime.
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Is the employee required to respond to messages outside working hours?
Work schedules are defined and adjusted so that workers exercise their right to rest. However, what has been observed over the years, especially during and after the pandemic caused by Covid-19, is the use of cell phones to exchange messages, including outside working hours of employees.
This issue is very relevant, as it interferes with the worker's right to reserve and protect himself during times outside working hours. Therefore, apart from the exceptions provided for in the contract between employee and employer, the worker is not obliged to respond to messages outside of working hours.
After all, is it possible to receive overtime for messages received after hours?
Since there is no obligation for the worker to respond to messages outside the scheduled working hours, if this situation occurs, the employee can indeed ask for overtime.
In the judicial sphere, it is possible to file a lawsuit to request the amount of overtime paid to the company for working via cell phone after hours. In this sense, the messages themselves can be used as proof of this extra work.
Therefore, the ideal is to establish a contract with the company from the beginning about the starting time and the end of the working day, as well as how social networks will be used within that time work. This should all avoid problems and frustrations in the future.
