Can the employer monitor, access, review the employee’s electronic communications?
There is no specific provision in Brazil regarding this matter. However, the Brazilian Labor Courts understand that the employer can restrict the personal use of the Internet and social media by the employees during the working hours due to the employer’s power of command. However, it is advisable to include such provision in an internal policy of the employer. If the employer restricts the use of the Internet and social media for professional use, the employer is allowed to inspect its use and if the employee is using it improperly, the Brazilian Labor Courts understand that it can lead to the application of disciplinary measures.
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
There is also no specific provision in Brazil regarding this matter. However, Brazilian Labor Courts understand that the use of social media to disparage the employer or to divulge confidential information may lead to the application of disciplinary measures, and there are decisions ruling that it could lead to dismissal with cause by the employer and payment of an indemnification due to moral damages to the employer.