Africa-Press – Cape verde. The presenter of the program Show da Manhã, from Televisão de Cabo Verde, Eder Xavier, returned to command the talk-show after about six months away. The reason, he said, was to have participated, as master of ceremony, in the presentation of the visual identity of a candidate for the Presidency of the Republic, in August 2021. However, a different version is presented by the director of TCV, who alleges insubordination and contempt to a higher order. The RTC report, to which A NAÇÃO had access, recognizes disobedience on the part of the presenter, but also points out a vice of illegality, on the part of the direction and disproportionality of the suspension. The CNE gave a favorable opinion to the presenter.
On February 15th, the presenter made a publication on his Facebook page, informing of his return to the TCV screens, where he claimed to have been removed, for almost six months, because “the director of TCV thought” that he had “political involvement in a presidential candidacy”.
Contacted by A NAÇÃO, Eder Xavier explained that his departure, since August 2021, took place following a presentation, as master of ceremony, of the logo of one of the presidential candidatures, on August 20. He considers it illegal, as it is a job that, according to him, he has been doing for many years, even before joining TCV, and with which he has not signed an exclusive contract.
Still, he adds, an RTC order, October 5, 2011, determines the impediment of providing services in companies competing with RTC, which, he says, does not apply to the case, in which he provided a service of master of ceremony.
According to him, after TCV’s management became aware of his participation in that event, he was contacted the next day by the broadcaster’s programming coordinator, to inform that he was suspended, until he explained his involvement in the event, by order of the director. .
Code of ethics
António Teixeira, on the other hand, claims that the presenter’s appearance in a political activity raised questions, considering that he is “mistaken for a journalist” because of the role he plays on television and that, therefore, he decided, as a director, for his suspension, but only until the end of the electoral campaign, “even to preserve the image of the journalists who were covering the campaign”.
For António Teixeira, legally, no citizen can be prevented from participating in political activities. However, the TCV has a code of ethics, which, “like it or not, has been approved and is in force”.
That same code of ethics, he said, prevents journalists, presenters and image operators from getting involved in political activities, without the intention being communicated in advance, so that the company takes the necessary measures.
“Eder Xavier knows this because, previously, he wanted to participate in a program called Minuto Verde, and he sent a request for authorization. It cannot be assumed that he does not know the code of ethics”, he defended, adding that, in the case in question, the presenter did not issue any notice or request for authorization.
This was, therefore, according to Teixeira, the reason that led him to suspend the presenter of the program, until the end of the electoral campaign and that, according to him, has nothing to do with a second suspension, which lasted until last February, for contempt of a higher order.
It also says that the suspension note issued only asked for a clarification of the reasons that led the presenter to take part in the activity, and that it has not been answered until today.
In the aforementioned note, to which A NAÇÃO had access, it is read that “the direction of TCV requests information about the reasons that led him (Eder Xavier) to be part, as official presenter, of the ceremony of one of the candidates for the Presidency of the republic” and that, “until clarifications are provided, you will remain away from the Show da Manhã program, continuing, however, to perform all other functions contained in your employment contract”.
However, according to Eder Xavier, it was only last December that he was put into production for a new program and that, for the rest of the time, he was in the studio doing nothing.
CNE’s favorable opinion
TCV even asked, on September 20, 2021, for an opinion from the National Elections Commission (CNE), alleging that Eder Xavier, by presenting the aforementioned activity, would have violated article 97 of the electoral code.
In its opinion, issued on October 8, 2021, the CNE says that “as the aforementioned worker did not participate in the activities mentioned in the request for an opinion in the exercise of the function for which he was hired by RTC, his performance does not constitute a violation of any rule of the electoral code”.
Furthermore, “on the contrary, participation must be understood as the exercise of a fundamental right recognized by all citizens and protected by the electoral code, and therefore cannot be penalized by the employer”. The ARC, which was also asked for an opinion by the worker, claimed to have no jurisprudence in the case, since it was an internal conflict.
suspension for contempt
The presenter, however, remained away until last February, during the course of an investigation process, initiated after being accused of contempt of a superior order of the director.
This “insubordination”, resulting from his suspension, happened because the presenter, both parties confirm, demanded that the decision be communicated in writing, which did not happen until Monday, August 23, therefore, three days after it was communicated by telephone by the head of programming.
According to Eder Xavier, when he was notified by telephone by the head of production about his suspension from the program, he requested a written statement from the director of TCV himself, António Teixeira, a request that was not granted until the 23rd, a second -fair. Therefore, he went to the studio to present the program, since such a formal document had not been issued until then.
However, for António Teixeira, since Eder had been aware of the suspension since Saturday, and since the car that took him home every day to go to work was not sent that day, the presenter purposely attended the studio, with hours in advance, to carry out the act of indiscipline.
According to the director of TCV, regardless of the internal decision of suspension, which was contested by the presenter, being “fair or unfair” does not allow the worker to have acts of indiscipline towards the person who made the decision.
The fact that Eder Xavier insisted on obtaining the document immediately, and his verbal confrontation with the director, in the studio, ended up delaying the program for 15 minutes, which in turn led to the initiation of an investigation process, directed by the RTC Legal Office, and whose conclusion was issued on November 26, 2021.
The same determines that there was a violation of the principle of hierarchy, insubordination and indiscipline, admitting that, as a rule, “after receiving the order, he should request its confirmation in writing and later claim it, but never refuse to comply with it”. ”.
On the other hand, he says, “the illegality committed by the director will have to be analyzed”, which “was based on an illegal order to suspend the worker”. However, it continues, if there are differences about the legality of the order, the opinion of the hierarchical superior prevails.
“In fact, the behavior attributed to the worker, in not complying with the order given by the director, can be qualified as a violation of the duty of obedience. But, on the other hand, it is necessary to judge the director’s action accompanied by a vice of illegality”, says the opinion, minimizing the presenter’s “guilty behavior”.
Finally, the legal office proposed, to the Board of Directors, to notify the worker, demanding compliance with the internal regulations and preventing similar cases from happening again, also proposing their replacement in the functions they perform, as well as determining, also, the opinion of the General Labor Inspection.
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