One of your employees is a regular user of social networks, and his profile states that he is an employee of your company. Can you regulate the use of social networks by employees?
Tools. Your company can limit the use of the IT tools provided to your employees and penalise inappropriate use. Attention! But can you control the activity of your employees on social networks when they identify themselves as employees of your company?
Affect the company
Sanctionable. If an employee uses his or her account on a social network to insult or make comments degrading remarks about you, your company or your colleagues, you can fire him or her. For example: if he calls you a Nazi and accuses you of insulting employees or bribing customers, or if he posts comments offensive or denigrating remarks about your colleagues. Note. In this sense, using the content of the social network as evidence does not violate the offender's privacy.
Not punishable. However, if the employee publishes truthful information and does not use insulting or offensive expressions, it will be more difficult to dismiss him/her. Attention! In these cases, your freedom of expression takes precedence. Thus, if an employee publishes on his Facebook account that there is a lack of personnel to carry out an activity, or expresses a position contrary to the company in a conflict situation, there is no reason to justify disciplinary dismissal.
Opinions
Freedom of expression. It may happen, however, that your employee expresses personal opinions on a social network or in a chat room, and you consider that these opinions are detrimental to your company. Attention! Well, check whether your employee is making use of his or her freedom of expression or overstepping this right:
- You may not dismiss him/her if he/she publishes in his/her profile his/her affinity towards a certain political, ideological or religious option.
- On the other hand, if your opinions are contrary to public order (calls for violence, racism and xenophobia, dissemination of totalitarian or fascist ideologies, or apologies for Nazism, etc.), you may be dismissed, but only to the extent that such opinions may be related to your company and damage its image or reputation.
Protocol. Avoid conflicts and establish a clear policy for the use of social networks, so that, while respecting the privacy of your employees, they comply with the following guidelines:
Participation in social media should always be in a personal capacity (unless you authorise it to be done on behalf of the company). If what they post is related to their activity, they must indicate that "the comments and opinions are strictly personal".
If they identify themselves as employees of your company, they should adopt a position that is consistent with their normal approach to customers and employees, and consistent with their position in the company.
They should respect laws and rights, especially those related to intellectual property and data protection. Note. Warn them that opinions contrary to public policy (as outlined above) will not be tolerated.
Also remind them that publishing rumours or internal and confidential information about the company or its customers, suppliers or collaborators is negative for the image of the business, and that you will sanction such actions.
If the employee uses his or her freedom of expression, you cannot sanction him or her. But you can if the employee exceeds that right and his or her conduct affects the reputation, image or confidentiality of your company.