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Proper use of social media is of vital importance in the workplace, not only for companies that use them as a means of communication and information about their projects, but also for employees, who must stop and think about what and when to post and thus avoid an infringement of their employment contracts.
The "Fourth Industrial Revolution" we are currently facing - based on the so-called digital and technological revolution - has arrived to transform many aspects of our lives. Supported by Internet access, it has brought in major changes worldwide; the workplace is no exception. Not only has it changed the speed of communication, but also has enabled an almost immediate access to any kinds of topics, publications, news, or comments that "surfs" the internet, without any borders whatsoever.
In particular, social media have become part of a form of communication and rapprochement between loved ones, a means to sell products and services, offer jobs, and for many, a way to make themselves known. Therefore, their proper use has become essential not only for well-known or famous people, but also for companies that use them as a means of communication and information about their projects, and for employees who now must stop and think about what and when to post, assess if it should be done during working hours or not, or if they should refer to their workplace. An inappropriate use of clients´ or employers´ logos may have consequences and result in the application of disciplinary measures in case of employee misconduct both within and outside the workplace.
Situations such as the proper use of work resources, social media posts where the logo or the confidentiality of a client or the company is exposed, as well as behaviors categorized as "openly immoral" based on applicable regulations, may even trigger employee dismissal without responsibility.
In these times in which a large part of the population is working from home, many are tempted to post photos, videos, “tik-toks”, stories, or to comment on news and publications on the internet. Hence, it is paramount that they value not only the content but also the timing of their posts, as it could result in allegations of job abandonment if these posts are excessive or if it is confirmed that the employee was posting from any place other than the one agreed upon for teleworking.
In addition, the content of these posts may lead to more serious consequences and be used as subsequent evidence not only for job abandonment allegations or misuse of work resources (Article 72 subsections: A, D of the Labor Code), but also result in an objective loss of trust, damage to company’s and/or employer’s reputation, or breach of confidentiality, technical or administrative secrets of the company or a serious breach of contractual obligations previously set forth in the contract (Article 81, sections A, E, L of the Labor Code).
Therefore, both employees and employers will have to ensure formality in their communications, and think carefully whether a specific post may have consequences at work. Consequently, it is of utmost importance that companies establish a clear set of rules through policies and/or communications at work on the proper use of work resources, prior notification of existing controlling measures, and the possibility of limiting or not certain applications on their computers, as well as reminding employees about any possible consequences arising from infringements or from the inappropriate use of social media inside or outside the workplace.
Collaboration by our lawyer: Cindy Sabat Hoffman / csabat@bdsasesores.com
This and other pieces are available on our Café Laboral blog with La Nación newspaper.