Maisa Ribeiro Vidal
Lawyer at Marcos Martins Advogados
The impact of social media on labor relations and its probative value in labor cases is undeniable and has increased substantially with the pandemic. In this sense, it is extremely important to highlight the care that employers must take on a daily basis with information shared on social networks, including WhatsApp groups.
With the use of social networks, including as a means of communication between employee and employer, the Labor Courts have recognized their admissibility as evidence in labor proceedings. Evidence, whether testimonial or documentary, is of the utmost importance in labor proceedings, serving as a means of convincing the magistrate, who will use the information provided to support the decisions handed down in the course of the lawsuit.
The use of apps and social networks is prominent in the professional sphere, forming part of the work routine and requiring companies to be even more careful when handling these technological tools. As such, companies should be cautious with the use of social networks in the work relationship and invest in digital education, especially for their managers, who often misuse applications such as WhatsApp to collect targets, even outside of working hours or even messages that could constitute moral harassment.
As well as the influence that social networks can have on the formation of evidence, the public repercussions that negative posts on social networks can have on employees and employers is incalculable.
With the digital world becoming more and more present in everyday life, employers must be extra careful with regard to their employees’ privacy and the manipulation of sensitive data in the corporate environment. In this respect, there are some basic precautions to be taken by the employer, such as: providing employees with digital education training and best practices, as well as providing a policy on permitted use in the company, in addition to continuous actions to raise awareness of the use of social networks in the workplace.
The Labor Courts have also recognized that inappropriate and disrespectful posts can be grounds for dismissal for just cause if they tarnish the employer’s good image.
In view of the implications for the employment relationship, it is clear that social networks carry a great deal of weight in forming the body of evidence in labor proceedings, which is why employers need good guidance on how to use social networks in the workplace, preserving a healthy working environment by adopting good practices in order to avoid lawsuits.
