1. Can the employer restrict the employee’s use of Internet and social media during working hours?
The use of social media during working hours is regulated by employment tradition and case law. If an employer wishes to limit the employee’s use of social media during working hours this must be carried out based on the employer’s managerial rights. The decision as to if an employee is in breach of the employer’s rules and regulations regarding the use of social media, must be based on interpretation of the rules in question, and based on an assessment of whether the employee is in breach of general loyalty obligations towards the employer.
2. Employee’s use of social media to disparage the employer or divulge confidential information
Only limited case law exists regarding the use of social media, and such case law demonstrates that if the employer has imposed rules on the use of social media, employees are bound to follow such rules and regulations, and if not, the employee can be dismissed on fair grounds.
If no rules and regulations exist, the employer must issue a written warning prior to dismissing an employee who has used social media in a disloyal way. If the employee is in breach of the written warning, the employee can be dismissed with immediate effect.