When can political opinion lead to the dismissal of the worker?

Legally, the worker cannot be fired for having or expressing his political opinion. However, in times of polarization, it may happen that the professional is surprised with an unfair dismissal, in which the employer does not detail the reason for his decision.

Dismissals or reprisals on account of political opinion constitute a discriminatory practice, contrary to the Federal Constitution, which establishes as a fundamental right the free expression of thought, without deprivation of rights due to political conviction.

Lawyer Graziela da Cruz Garcia explains that it is not up to the employer to interfere or restrict the right of its employees: “The employee having a specific political opinion, or even talking about politics with co-workers, or expressing himself in his personal social networks, can be grounds for reprisals, or dismissals.”

Dismissals for political reasons are also contrary to Convention 111 of the ILO (International Labor Organization), as lawyer Rômulo Saraiva, a columnist for the Sheet. For the ILO, distinction, exclusion or preference that impacts equality of opportunity or treatment at work are considered discrimination for political reasons, repudiated by Brazilian law.

Despite this, amid the political polarization experienced in Brazil, Saraiva recommends caution when dealing with these issues in the corporate environment. “The country is experiencing a polarization and radicalism has taken the balance of people to expose their points of view, in person, on social networks or in WhatsApp groups.”

Offensive speech can justify dismissal

However, the situation may be different if the political discourse is linked to offenses against co-workers and employers, for example. Glauco Marchezin, IOB’s labor consultant, says that in this case there is the possibility of disciplinary punishment, such as warning, suspension or even dismissal for just cause, depending on the severity.

In this case, it is up to the employer to have proof, including testimonial evidence of the offended. “If the employee complains in court, it will be up to the Judiciary to make the final decision as to whether termination for just cause is appropriate or not.”

The consultant adds that internal company rules may limit certain types of manifestation. An example would be the banning of political positions in email and corporate documents as they are tools for the job. “For example, a communication made to customers with a political stance against them, which could harm the performance of business.”

According to Marchezin, the employer can enter into an agreement with the employee in relation to anything that is not against the law, against judicial decisions or norms established by the union of the category, which must be done with care and respect for the employee’s constitutional right to express politically.

The president of ABRH Brasil (Brazilian Association of Human Resources), Paulo Sardinha, points out that the problem is when the employee lacks respect and ethics in the company, such as when aggressively rejecting other opinions. “But then it’s not about politics, it’s about everything, respect, ethics and looking at company norms and conduct.”

In this case, what often happens is that, before resorting to dismissal, the employee is guided with a warning to try to preserve the bond. “HR has this role of trying to bring a balance point, so that things go forward without prejudice, without discrimination and without favoring”, concludes Sardinha.

Can political opinions interfere in selection processes?

If it is proven that the candidate was not approved in the selection process due to his political opinion, the company may be questioned in court, with the possibility of compensation for moral damages.

“However, in both situations, that is, during the contract or even in the pre-contractual phase, in the selection process, the employee or employee candidate may have difficulty proving the discriminatory conduct of the company”, explains Garcia.

I was fired for political opinion. And now?

In this case, it is possible to seek compensation for the damage through court.

“To prove the fact, all forms of evidence accepted by the Court can be used, such as documents or witnesses”, says Marchezin. In addition, emails, cell phone conversations or social networks are also cited by Saraiva as possible evidence.

If discriminatory dismissal is proven or political persecution is demonstrated, the company may be ordered to pay compensation for moral damages, for example. Garcia cites a case judged by the Regional Labor Court of the 4th Region in 2015 in which the employee was fired without just cause after expressing political convictions.