Atalho

News

Labor Courts have been recognizing that contractual changes and terminations made through text messaging Apps are lawful

10/09/2021

Due to pandemic and social distancing, employer and employees are making use of Apps for communication regarding changes in the work routine and even termination of the employment agreement. Due to that, many lawsuits were filed before Labor Courts challenging the use of communication Apps for these purposes.  The trend of the Courts is to validate the communication made through Apps under the argument that the communications were valid as proof, since the employment agreement does not require excessive formalities, what would also be applicable to its termination, especially when it is possible to imply that the employee was unequivocally aware of the termination, considering that apps such as WhatsApp are a communication tool like any other.
 
Notwithstanding the relevance of the labor precedents on the subject, employer must be cautious of the language used in the dismissal communications, in order to avoid the employee facing embarrassing and humiliating situations. This is because, even though there is no legal prohibition on this form of communication, it must be based on good faith and urbanity that govern labor and employment relations.
 
In addition to being necessarily clear and fluid, such communications must also comply with  their reasonable and transparent use, whose purpose is to preserve the employee’s rights of personality and intimacy, under penalty of such non-compliance generating the duty to indemnify the victim, in view of the disrespect of the worker’s human condition.
 
It is also recommended that the employer adopts all possible precautions, observing the prudence and sensitivity required at the time, since the employee, as a rule, is in a state of weakness and emotional exposure, not existing to date a consolidated understanding issued Superior Labor Court.

Share on Social Media

Ir para o topo da página
Trench Rossi Watanabe
São Paulo
Rua Arq. Olavo Redig de Campos, 105
31º andar - Edifício EZ Towers
Torre A | O4711-904
São Paulo - SP - Brasil

Rio de Janeiro
Rua Lauro Muller, 116 - Conj. 2802
Ed. Rio Sul Center | 22290-906
Rio de Janeiro - RJ - Brasil

Brasília
Saf/s Quadra 02 - Lote 04 - Sala 203
Ed. Comercial Via Esplanada | 70070-600
Brasília - Distrito Federal - Brasil

Porto alegre
Av. Soledade, 550
Cj. 403 e 404 | 90470-340
Porto Alegre - RS - Brasil

press
JeffreyGroup
Nara Neri 55 11 3185.0800 | Ext.832
Cauê Rebouças 55 11 3185.0800 | Ext.832

Ícone do Instagram
Ícone do Facebook
Ícone do YouTube
Ícone do Linkedin