Companies can not require an employee or job applicant access to information that they share with others on the Internet, according to a recommendation adopted at the Council of Europe and released last April 1.
The Directorate-General for Justice Policy, released a document detailing the arguments of the decision on its website. The guidelines are not binding, but they are likely to be adopted by the member states of the European Union, says the Daily News that advances the news on Friday.
“Employers should not question or ask an employee or job applicant access to information shared with others, especially through social networks,” the document released by the General Directorate of Policy.
For now the Portuguese law is not adapted to these recommendations. But a person who produces in court claiming that he was fired by the company due to their behavior in social networks, can appeal to this recommendation.
The decision of the Council of Europe reinforces the guarantees with regard to emails. “The content, sending and receiving private electronic communications at work should not be monitored at all times. The email must be disabled before the worker leaves office” for read on the recommendation.
The surveillance at work is also prohibited. In relation to what is shared in social networks, “employers should refrain from demanding or asking an employee or a job seeker access to information that he or she share with others online, including through social networks.”
In Portugal, dismissal of people based on offensive comments published on social networks, it is not a virgin. In October last year, the Court of Appeal of Porto, confirmed the dismissal for cause of an employee, the publication of offensive remarks about the employer on their Facebook page, a private group of 140 members, composed of workers and former employees of Esegur company.
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