Los avances tecnológicos suponen nuevos retos para las relaciones laborales, específicamente en el ámbito de los derechos y obligaciones del trabajador y el empleador; tal es el caso de las herramientas de comunicación como los sistemas de correo electrónico público (Yahoo, Hotmail y similares), así como los sistemas de conversación en línea y mensajería instantánea conocidos genéricamente como Chats.
“Es cada vez más frecuente advertir que los trabajadores en forma silenciosa distraen, a veces por pequeños intervalos que sumados a lo largo del día se traducen en una parte importante de su jornada laboral, tiempo del patrón manteniéndose comunicados con compañeros de trabajo y terceras personas ajenas a la empresa, generando un drenaje de tiempo y concentración además de un mundo laboral virtual diverso al que se percibe en la realidad”, explicó Jorge Sales Boyoli, especialista legal-laboral, socio-director del Bufete Sales Boyoli.
De acuerdo con un estudio de Vault.com, el 56% de los empleados que navegan por la red o envían e-mails no relacionados con el trabajo.
“Vale la pena hacer notar que conforme a la Ley Federal del Trabajo vigente, esta conducta puede constituir entre otras causas de despido justificado, un uso indebido de los instrumentos de trabajo asignados por el empleador, además de una falta de probidad y honradez del empleado al distraer tiempo de su jornada en actividades diferentes a las laborales”, señaló Jorge Sales Boyoli.
Otro aspecto que conviene destacar es la facultad del patrón para monitorear los equipos de cómputo asignados a los trabajadores de donde podría advertirse el uso o abuso de chats y páginas de Internet; así, de los contenidos que el patrón conoce a través del monitoreo de tales sistemas puede desprenderse revelación de información confidencial, ofensas o injurias en contra del patrón sus familiares o representantes y con ello otra eventual causa de despido justificado.
“La complejidad más importante en un tema como el planteado radica quizá, en la forma de probar y vincular la autoría de estos mensajes enviados desde el anonimato de una computadora y el trabajador que se vale de ello; no obstante, una adecuada implementación desde la contratación, durante y al concluir el vínculo laboral, permitiría invocar estas conductas como causal de despido sin responsabilidad para el patrón”, concluyó Jorge Sales Boyoli.
Redacción
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