The social distance imposed by the Covid 19 pandemic made companies adapt to performing activities at a distance using digital tools such as WhatsApp. As a result, dismissals through the messaging feature have been frequent.
There is no legal ban on dismissal by WhatsApp or any other type of instant communicator and this has been the main position of the courts on the matter. The important thing is that the communication is respectful, clear and that the dismissal follows the requirements of the work regime, such as prior notice, proportional vacations and the like, if any.
Attorney Daniel Silva, from Galvão & Silva Advocacia, explains that in cases where the dismissal is not respectful, compensation for moral damages is appropriate, as it would be in the case of a dismissal carried out in person.
There is no standard defined by law to be followed in cases of dismissal by WhatsApp, but the basic general requirements must be followed. Daniel highlights three of them:
– Dismissal must be done in a professional and respectful tone;
– Dismissals must be done individually (and not in groups, for example), to avoid public embarrassment);
– The dismissal must follow the fulfillment of all the former employee’s rights;
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The changes with the hybrid work model show that people management must be careful and personalized, according to Falla Saúde Mental, startup of prevention and promotion of mental health.
According to the Special Secretariat for Social Security and Work, in 2020, Brazil had 576.6 thousand absences due to mental disorders, a 26% increase compared to 2019. Depression and anxiety were the cases that registered the highest increase. The number of benefit grants increased from 213.2 thousand in 2019 to 285.2 thousand in 2020, an increase of 33.7%.
For the startup, the pandemic is a major challenge in mental health, especially in the workplace. Leaders and team members can look at the issue in a partner way. Everyone is responsible for preventing and promoting a mentally healthy environment, offering alerts, information and tools for practical action.
“It is important to understand the real reasons of the employee, when he prefers not to return to the presence. It is necessary to analyze the different contexts. Talk to the person and check if it is essential that they work in person, also considering the impact of this on their productivity. In this sense, Falla proposes an activity free of conversation circles, in which each professional feels free to expose their reality, in a home office x their reality in the face-to-face model. I believe it is healthier to come back in person because we are relational beings. But the most appropriate way to respect each person is a good round of conversation to understand where the resistance point is about this return. The key word is communication”, said Márcia Bartilotti, founder of Falla.
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