Can the employer monitor, access, review the employee’s electronic communications?
On objective grounds and with the use of clear internal procedures, the employer can restrict the employee’s use of Internet and social media during working hours. This restriction applies to the use of the Internet and social media on company provided platforms, including portable devices. A relevant national case that was brought also to the attention of the European Court for Human Rights confirmed that in the case where the employer has strict, clear and objective rules on the use of the Internet and other programs that require the use of Internet such as instant messaging programs, that the employee acknowledged, the violation of such rules can result in a disciplinary action and even in a disciplinary dismissal (Barbulescu v. Romania).
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
Using social media in a manner that may affect the image or even the activity of the employer, may result in disciplinary action against the employee.