Social media has become part of everyday life and is increasingly present in the workplace. However, some seemingly ordinary actions — such as posting a video during working hours or engaging in certain activities while on medical leave — may have consequences for the employment relationship.
This does not mean, however, that every social media post or every outing during medical leave will automatically result in dismissal for just cause.
Understanding this distinction is important for both companies and employees.
What does Brazilian law say about dismissal for just cause?
Dismissal for just cause is provided for under Article 482 of Brazil’s Consolidation of Labor Laws (CLT).
Situations provided for under the law include, for example:
- acts of dishonesty;
- misconduct;
- negligence;
- breach of company confidentiality;
- indiscipline;
- insubordination; and
- acts that may harm a person’s honor or reputation in the circumstances provided for by law.
Because dismissal for just cause is the most severe penalty that may be imposed on an employee, it requires careful consideration.
Each situation must be assessed based on the specific facts and available evidence.
Medical leave: Is an employee prohibited from leaving home?
One area that deserves particular attention is absence from work for health reasons.
Being on medical leave does not, by itself, mean that an employee is prohibited from leaving home.
The relevant question is: Is the employee’s conduct compatible with their health condition and with the purpose of the medical leave?
Brazilian Labor Courts have already examined cases in which an employee’s conduct during a period of medical leave was considered inconsistent with the justification presented to the employer.
In a recent decision mentioned in the material on which this article is based, for example, the Regional Labor Court of the 2nd Region upheld a dismissal for just cause involving an employee who submitted a medical certificate and, on the same day, was filmed attending an event.
According to the Court, the circumstances demonstrated in the case were sufficiently serious to undermine the trust required in the employment relationship.
It is important to emphasize, however, that this case does not establish an automatic rule applicable to every situation.
The specific circumstances and available evidence remain essential.
What about social media during working hours?
Another important area of attention involves the use of social media during working hours.
Recording a video or posting content during working hours does not, by itself, automatically constitute grounds for dismissal for just cause under the CLT.
Depending on the circumstances, however, such conduct may have employment-related consequences.
Relevant factors may include:
- the company’s internal policies;
- instructions provided to the employee;
- the use of working hours;
- potential disclosure of confidential information; and
- situations that could negatively affect the professional environment.
For this reason, companies should consider maintaining clear internal policies regarding the use of mobile phones, social media, images and corporate information.
Clear policies help establish appropriate boundaries and expectations and are important for both employers and employees.
Be careful with company information
Photographs and videos taken in the workplace may also create another risk: the disclosure of information that should not be made public.
The CLT itself includes the violation of company secrets among the situations that may constitute grounds for dismissal for just cause.
Therefore, even a seemingly harmless photograph or video may require particular attention if it reveals:
- documents;
- internal information;
- client data;
- processes;
- systems; or
- other corporate information that should not be disclosed.
This issue deserves particular attention in an environment where photographs and videos can quickly be published and shared through social media.
Dismissal for just cause is not automatic
This is perhaps the most important point: not every instance of inappropriate conduct automatically results in dismissal for just cause.
The application of such a penalty must take into account the specific facts, the seriousness of the conduct and the available evidence.
Depending on the circumstances, factors such as proportionality, the employee’s disciplinary history and any previous disciplinary measures may also be relevant.
Companies should therefore avoid hasty decisions and carefully assess each situation before imposing the most severe disciplinary penalty.
Employees should also exercise caution: whether during working hours or while on medical leave, they should remain mindful of their professional obligations and of what they post on social media.
For companies, a safer approach involves maintaining clear internal policies, providing employees with appropriate guidance and properly documenting any incidents that may occur.
Social media is part of everyday life, but certain conduct in the digital environment may also have consequences for the employment relationship.
How ORGATEC can support your company in Brazil
Japanese companies operating in Brazil must navigate not only the particularities of the Brazilian business environment, but also differences in legislation, corporate practices, language and business culture.
ORGATEC specializes in providing services to Japanese companies operating in Brazil, offering accounting support and assisting its clients with different aspects related to doing business in the country.
Count on ORGATEC to support your company’s operations in Brazil.