Thinking about job security for the private sector is very difficult. There's always that worry about being fired. This one that can sometimes arrive at an unexpected moment, even via WhatsApp.
But, is a resignation through WhatsApp, in a way, an informal means, right? Follow the article and learn what labor laws say about this situation.
see more
65% of Tinder users are engaged, according to study
Elon Musk starts negotiating with a company from Santa Catarina
See more at: Woman makes a different resignation request and goes viral on the internet
In article 487 of the Consolidation of Labor Laws (CLT), there is no specific deadline for the employment contract. The employer, even without a just reason, can dismiss at any time, but must notify the worker one month in advance.
However, there is nothing written in the legislation that says how this request should take place. By WhatsApp, telephone, letter or other means of communication, the law does not specify the best way to do so, but requires that it be formalized and communicated in the professional's Work Card.
On the other hand, lawyers specialized in labor rights say that a dismissal needs to have a minimum of formality and respect. In this way, the most responsible resignation communication is done in person.
The dismissal of a domestic worker from the interior of São Paulo by WhatsApp caused controversy for many people. The main one is: to what extent is dismissal via WhatsApp valid and formal?
In the case of the employee who received an accusation of an illegal act and was dismissed by the messaging application, the 6th branch of the Court Superior do Trabalho (TST) conceded a winning cause, as it considered the way in which the notice of dismissal was communicated to be informal done.
However, in the height of the coronavirus pandemic, the way many people communicate and work has completely changed. Personal contact was, in many cases, replaced by the virtual one, and the messaging app started to be used as a working tool.
In this situation, the Labor Court started to accept the dismissal notices carried out by the application. But, even with this change in the workplace, specialists still recommend that employers handle this communication impartially and responsibly, as it is a delicate moment for many people.
