Can the employer monitor, access, review the employee’s electronic communications?
Employees should be committed to perform their jobs with the utmost diligence and efficiency, as well as to safeguard those working tools provided by the employer to ease the accomplishment of their duties, which are not intended for personal use. Thus, employees may have access to social media if the employer so allows, either during their work shift or out of it. Breach of the foregoing may lead to justified termination of employment. Depending on the nature of the job, access to social media may be necessary. The employer may have access to the employees’ communications by these means with supervision purposes and only if agreed in writing with the employees. According to the most recent opinions issued by the Supreme Court of Justice, the right to privacy of private communications includes social media.
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
Employees have a duty of loyalty towards the employer, which means that employees must refrain from carrying out actions that may harm company’s reputation, other employees, or the company in general. The contrary may give grounds for termination with cause.