Can the employer monitor, access, review the employee’s electronic communications?
Usually, each employee is assigned an e-mail address for his/her professional activity by the employer. This e-mail address and the corresponding mailbox are, as the emails are supposed to be sent and received in the name of the employer, the property of the latter. However, this is a simple presumption and the email can have the character of a private correspondence by inserting “Private/Personal” in the subject field. Anything not identified as “Private/Personal” is deemed professional and thus the employer is allowed to access it.
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
By disparaging the employer, the employee violates his/her loyalty obligation and the employer may, as the case may be, take disciplinary action. Anonymous reports should however not be encouraged and only be accepted by an employer in exceptional circumstances. To avoid abuses, employees are encouraged to use the normal reporting line.