If an employee makes a comment without an accusation, it is not considered a cause of dismissal.
In order for an employer to dismiss his employee in Peru, he must have the ability to prove the faults that he has committed; otherwise, it would be an arbitrary dismissal.
Today, if an employee disrespects their employer it is considered a fault, even if it took place via a WhatsApp chat.
“Behaviors considered as serious faults, which could be grounds for dismissal are the failure to comply with specific work obligations, the handing over of false information to the employer by the worker, the abandonment of work for more than three days, the accumulation of delays and non-attendance on repeated occasions or accusations without support, even though they are via WhatsApp, “said Miguel Rubio, Senior Manager of the EY Labor Area in Peru, to Gestión.
To insult or wrong a superior via WhatsApp can be considered a cause of dismissal, taking into consideration that a fault or disrespect can happen in writing, explained Rubio. “Employees that ‘speak wrongfully’ of their employers without sustenance can also be fired”, he added.
The Senior Manager of the EY Labor Area in Peru also said that if the comment is only an opinion of the employee, without an accusation, it is not considered a cause of dismissal.
Once a fault is pointed out, the worker has a six-day deadline to present his version, informed Rubio.