Can the employer monitor, access, review the employee’s electronic communications?
An employer has the right to direct and allocate work and thus is able to restrict employees’ use of Internet and social media during work hours. However, practically, this depends on the type of work that is being performed. Furthermore, an employer with a legitimate aim to supervise communications of the employee may be allowed to do so as far as the employee has been informed of it beforehand and the supervision is not excessive in regard to the employee’s right to privacy.
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
An employee who willfully or through negligence attacks a trade secret of an employer, of which he or she has been informed in the course of the employment, shall compensate the employer for the damage caused by the attack. Moreover, the employee may, by use of social media, act in breach of his or her employment contract, e.g. the duty of loyalty. Depending on the circumstances at hand, the employee may be dismissed for disloyal behavior, though the employee may have certain rights to criticise the employer when grievance is at hand.