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Function deviation. Learn what it’s and how to avoid it

in the beginning, deviation of function is characterized when an employee is forced to perform a job that is different from where he or she was hired. It is prohibited by law and is often defined as arbitrariness by the employer towards his employee.

You need to be careful, because the specialist often finds out when performing various tasks, helping, for example, a colleague at work, but without deviating from his responsibilities. This can be an opportunity to develop, to gain experience.

However, it should be noted that the employee does not perform work that is very different from what is stated in his contract. Deviation of function in this way is an illegal practice, the company can often suffer from labor lawsuits.

When hiring, the tasks performed by the specialist are defined, detailing all their functions. If the employee performs services different from the services included in his / her contract in his / her daily life, it should be noted that the company’s staff should look for a solution.

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What is a function deviation?

Functional deviation is a recurring practice in Brazil. It can happen in a short period of time or even in everyday business. Take, for example, the case when a person is hired as a manager of a fast food company և appears in the kitchen.

The company should follow the Labor Law Consolidation (CLT) so that they avoid problems with justice. Before concluding the contract, it is necessary for both the employer and the specialist to discuss the functions that the latter will perform.

If the work is performed differently than stipulated in the contract, the deviation of the function is defined. Often the employee provides services with more responsibility without earning more than that. So you have to be careful.

There is a difference between role deviation and role accumulation, that is, when a specialist performs tasks other than the contract one. The employee completes actions that must be performed by two professionals.

This scenario can cause health problems for the employee և the company has to hire another employee. Returning to the example of fast food, a professional can act as a manager and make sandwiches at the same time.

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What characterizes the deviation of the function?

By law, there is no right period that must be observed in connection with the deviation from the function. For example, in the case of replacement, for health reasons, lasting several days, it is not described as a defect. However, if the situation continues for weeks or months, there is a deviation.

If the employee is performing a job that requires more experience, he or she may require the employer to reimburse the value of the activity, increasing his or her income.

When the employee realizes that there is a deviation from the function, he / she should contact the employer to inform him / her about what is happening, to find out the situation. The specialist may request a promotion or a change in the employment contract.

The company should also be aware, as the employee can file a lawsuit, charging for their service rights. There may be a financial loss for the company, in addition to the recurring problems of that process.

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work contract

A detailed contract is essential so that there are no problems in the future. The professional should read in detail what their tasks and functions will be, in addition to confirming that their earnings are compatible with the work they have done.

The employer cannot make a contract change without the employee’s consent. This is a serious defect և The employee may demand dismissal from the company if he or she is aware that a change has been made in his / her contract.

When a change takes place with the consent of both parties, without causing harm to the employee, the change is made according to the current law. Depending on the case, a new employment contract should increase the salary.

In conclusion, in order to prove the abuse of the function, it is necessary for the specialist to present concrete evidence of his case. He or she can provide documents, such as testimonials, to help prove the problem.

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