Company party: anyone who goes above and beyond could be fired – 12/12/2023 – Market

After a year of work, the company decides to hold its end-of-year get-together as a way to bring some fun to its employees.

But, according to experts, even though it’s a party, there are implicit rules that, if not followed, can cause a bigger problem than a hangover in the employee’s life.

Lawyers heard by Sheet They say that the company’s party is an extension of the professional environment and care must be taken not to get involved in situations that are uncomfortable, disrespectful towards other company colleagues or that could lead to dismissal.

After all, what is a company party?

Get-togethers are traditionally a way of thanking employees for their dedication throughout the year, and can be excellent opportunities for those who know how to take advantage of them.

Fernanda Ramos, a lawyer specializing in labor law, says that the party is like an extension of work.

“As much as it is an environment for celebrating New Year and Christmas, it is still an extension of your work environment. It is an opportunity to strengthen ties and create new chances for professional development, but always remembering not to commit excesses or big exhibitions.”

Gabriela Locks, partner in the labor area at B/Luz Advogados, states that precisely because the party is a tacit extension of the company, there is no obligation for the company to highlight social rules in the invitation.

“People are just expected to behave in a respectful and principled manner, which would be the basics in any situation.”

Ramos says that according to the jurisprudence of the Labor Court, excesses committed during social gatherings can be punished with warnings, suspensions and even dismissal for just cause.

“Although the employer’s directive power should only be used during working hours, any excess outside this environment that harms the company’s activity may be restrained”, he states.

Drink, fall and work?

Even if it is an environment of professional opportunity, if beer is at the party, is it okay to drink it? The simple answer is yes, however, moderation and respecting your limits are recommended when enjoying the drink on offer.

“The employee is free to drink as much as he wants, without any problems, but the care that the employee must take to not cause or engage in inappropriate conduct while drinking alcohol is also up to him”, says Locks.

According to the lawyer, in the case of improper conduct, violation of the ethical or criminal code, such as sexual harassment, for example, drinking alcohol will not make a difference in the company’s investigation and the application of the penalty, and may even be an aggravating factor. for dismissal.

“A person letting loose on the dance floor and dancing horribly is not a problem, the care is in fact with good practices; so, approaching someone with a sexual nature without consent, swearing at a person or even disseminating confidential company information are very serious acts”, says the lawyer.

Is the party look a suit and tie or shorts and flip-flops?

Even though it is a more informal event, the outfit for the company’s party must be in line with the company’s dress code and the atmosphere of the celebration.

“Normally, it will depend a lot on the company’s own culture, but this is not a legal rule, it is a cultural rule, which is not subject to legal consequences. In more formal companies, more formal attire is expected and in companies without dress strict code, it is understood that the person is free to go the way they want”, says Locks.

Lawyer Fernanda Ramos says that the environment of the place where the celebration will take place also plays an important role in choosing the wardrobe for the party.

“Everything will depend on the atmosphere of the party, whether it’s a club, a barbecue. The clothes can be in accordance with the environment in which the celebration will be held, but always thinking of it as an extension of our work environment, so it’s ideal avoid exaggerated, low-cut clothes, tank tops, it doesn’t have to be extravagant or flashy”, he says.

Did the boss freak out for nothing or did the employee give a reason?

The main question from workers is about the possibility of dismissal for just cause due to some situation that occurred at the company party. For experts, it depends on the severity of the situation caused by the employee and the employee’s history before the get-together.

“In order for just cause to be applied, it must be an act of high gravity. It is not a simple ‘displeasure’ on the part of the boss that will justify a just cause. If the employee has already received three recent warnings, it may be that his attitude, if serious , give a warning that justifies [a justa causa]it will depend a lot on the case”, says Gabriela Locks.

Locks says that if a worker has never had a warning or conduct penalized, it is unlikely that a low-severity, non-criminal situation could be used to justify terminating the employee.

Ramos states that even though it cannot be used as a reason for dismissal, the company party can affect the employee indirectly and harm him.

“The ideal is always to behave appropriately to the environment, take the opportunity to network, build relationships with bosses and strengthen ties with colleagues.”

According to a survey by consultancy Robert Half, 52% of professionals are unable to use the firm’s party to strengthen their network of contacts and only 24% take advantage of the celebration as an opportunity to strengthen the company’s network of professional contacts.

The consultancy says that to make the most of the party, it is important to be present, engaged with colleagues to establish a real connection, in addition to taking the opportunity to socialize with people from different departments of the company to understand the internal dynamics.

“Remember that it is not just a celebration, but a strategic opportunity to boost your professional trajectory,” says Lais Vasconcelos, recruitment manager at Robert Half.