Social networks, chat, private email and entertainment sites... It is now common to use the Internet at work for personal activities, which has forced managers to implement monitoring measures that in many cases end up not pleasing employees. However, professionals who access inappropriate content on the Internet during work need to be careful. Since navigation control is legal and the company's right, if improper use of equipment or the Internet is identified, the company may even fire the professional alleging just cause.
With access control clearly stated in the employment contract or company regulations, access to prohibited content can lead to dismissal justified by “incontinence of conduct or bad behavior”. As prescribed in article 482, 'b', of the CLT, the employee may be dismissed as a result of violating the company's code of conduct, due to improper use of professional equipment.
The citizen is protected by the constitutional provision of the inviolability of correspondence, but, if a company rule is not complied with, a professional cannot take advantage of this point in the legislation. If the company takes the necessary precautions, informing the employee at the time of signing the employment contract of the rules and control of Internet access, the employee will not be able to justify a lack of information and guidance, claiming that he was unaware of the company rules limiting access to content to be accessed on the Internet, based on the inviolability of your right to privacy.
Company responsibility
When an illegal act is carried out using a company's equipment or using its corporate email, the company will be held legally responsible. Therefore, managers prefer to take precautions. In the case of corporate e-mail, when electronic messages cause harm to the rights of third parties, the employer will be liable for the damages caused by his employee, as provided for in article 932, III, of the Civil Code. This is why the company has the right to control the sending of messages via corporate email.
When the employee is right
Some computer monitoring services used in companies can even capture bank passwords, for example, if they are typed into company equipment. Therefore, employees need to be clearly informed that they are being monitored. Otherwise, the company could be in trouble.
The best alternative is to just block access to social networks, chats, personal emails, entertainment sites and inappropriate content or any resources inappropriate for work. Lumiun is an excellent alternative for this access control, ensuring that employees do not access unwanted resources. This policy does not violate the professional's right to privacy and information and can prevent the occurrence of activities that may cause problems for the company.
It is important to highlight that simply blocking some activities does not prevent the practice of illicit actions through the company's equipment. Therefore, training and guidance for employees is necessary for the conscious use of technology resources.
In your company, what are the procedures to avoid problems with misuse of the Internet, share in the comments.
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