GP Victor Hugo Heckert, 29, was dismissed from a health unit in Barao de Cotegipe (RS) by a WhatsApp message yesterday, and was outraged by the treatment. As the message was exposed on social media, he realized that he was far from alone and that the reproduction of the warning spread in Brazil with about 80,000 likes, and sparked a wave of sharing similar cases in several companies and branches.
“There are definitely more intentional professionals and I know we can’t complain about the reward [na medicina]He said in an interview with UOL.
He also says that many of his fellow doctors on duty, like himself, were fired in the same way and that he must meet the last workload on Thursday (28).
The doctor concludes, “This disregard for people is what bothers me the most. No one deserves to be treated this way.”
Among the more than a thousand comments, several people introduced themselves and responded with screenshots of their dismissals. A user of social networks, for example, was fired via WhatsApp while he was traveling on vacation.
Compensation depends on treatment
Depending on how the employer is treated, it is possible for dismissals of this type to be subject to compensation in the courts. Civil and labor lawyer Rafael Damasceno Caetano30, says the situation is a two-way street: The employer can fire via WhatsApp and the employee can also resign in the same way.
There is no labor legislation that allows or prohibits an employer to carry out employee dismissal through WhatAapp or any other messaging app. However, due to the significant growth of this means of communication, regional labor courts, including the one in São Paulo, have recognized that this type of contractual termination can already be considered valid.
Rafael Damasino, lawyer
He stresses that it is important to note that no matter what means are used in dismissal, the dignity of the worker and the rights granted to him must always be respected through the unification of labor laws. That is, regardless of the means by which the dismissal takes place – in person, via video or via text message on WhatsApp – the person should not be offended.
On the other hand, during the absence of the employee, whether during vacation or sick leave, his contract is temporarily suspended and therefore he cannot be fired, and even more so with a malicious letter.
“Moral damage is damage to the dignity of the worker. Any behavior that harms the intimate relationship of the employee, encourages embarrassment, causes psychological damage, may be considered moral damage. Some examples: moral harassment, sexual harassment, malicious nicknames, installing cameras in changing rooms and bathrooms, any kind of humiliation,” concludes Damascene.
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