Interview for Infomoney. Read the full text
More than a telephone, the cellphone today has become a work tool in many professions. On the other hand, personal use during working hours remains a gray area for both employees and companies. After all, may the worker use the device whenever he or she wishes? May the employer prohibit it? And in which cases may improper use lead to punishment or even dismissal?
InfoMoney heard from labor law specialists to explain how the law views its use. All are unanimous in stating that the Consolidation of Labor Laws (CLT) has no specific rule on the use of cellphones in the professional environment. This, however, does not mean an absence of limits. In practice, the rules are defined by contracts, internal regulations, and company safety standards.
May the company prohibit its use?
It may. The restriction is considered legitimate when it is clear, communicated in advance, and applied equally to all. Internal regulations, contracts, and codes of conduct have legal validity to establish these rules.
In high-risk activities, the rules may be stricter. In functions involving machinery, vehicles, or heightened risk, the restriction tends to be more severe. The CLT imposes on the worker the duty to comply with safety standards, and using a cellphone while driving or operating machinery may be classified as an act of insubordination.
Attorney Anthony Braga, of the labor practice at Lassori Advogados, states that in such cases the use of the cellphone ceases to be merely a matter of productivity and comes to directly involve safety. “The indiscriminate use of cellphones in the workplace has become a growing challenge for companies, especially when it interferes with productivity. In many activities, indeed, the use of the device is practically indispensable, but in others, it is expressly prohibited. However, during working hours, the employer is not required to tolerate the use of the cellphone for strictly personal purposes,” he explains.
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