As novas tecnologias e as relações laborais: a análise da dispensa por justa causa por uso indevido das redes sociais

Abstract

The problem investigated in this work is presented based on the following question: how can an employer, in the exercise of regulatory power, prevent extra-work conduct by its employees on social media, which compromises the company's image, without violating the fundamental precept of freedom of expression? The answer will be constructed throughout the chapters. In the first, the impact that new technologies have been having on the work environment and on how workers and employees are experiencing new dynamics that challenge their responsibilities will be demonstrated. In the second, the limits of the employee's freedom of expression and the validity of dismissal for just cause are confronted. Finally, in the third section, some possible solutions are presented to alleviate the conflict between the exercise of employer regulatory power and the employee's freedom of expression on social media. The conclusion arises from the analysis of the devices used by some companies and institutions, which provide a way of balancing the conflict between fundamental rights that guides part of what was analyzed: the construction of a manual of good practices that provides security for the employee and the employer, providing guidance on the use of social networks and defining limits that are essential for maintaining the relationship between them