BUSINESS
Employee activity in social media Text | Bartłomiej Babańczyk
According to research, almost half of Poles confirms that they actively use social media. Labour law provisions cannot keep up with the rapidly changing reality and do not explicitly refer to employee activity in social media. However, it does not necessarily mean that the use of social media by an employee is not restricted in any way.
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There is no doubt that skilful use of social
subject to any restrictions from the point
KEEPING INFORMATION CONFIDENTIAL
media might be successfully used in order
of view of labour law.
Activity of an employee in social media
to build a positive image of the employer.
The employee shall bear in mind
may even unintentionally lead to a dis-
Active support of employees through fol-
that his/her activity in social media might
closure of information, which should
lowing the company profile, sharing posts
breach, resulting from the article 100 §
never become available. It is easy to
published on the company profile or
2 point 1 of the Labour Code, a duty to
imagine a situation, in which a photo
running their own professional profiles
observe working time in the workplace
taken by the employee during working
might significantly support the commu-
(e.g. publishing private posts during
hours in the office, includes a part of
nicative strategy of the employer. How-
working hours), resulting from the arti-
a confidential document or the location
ever, sometimes the content published
cle 100 § 2 point 4 of the Labour Code,
of the photo reveals to the competitor,
in social media by an employee might be
a duty to take good care of the interests
the contractor with which the company
troublesome for the employer.
of the employing establishment (e.g. pub-
conducts negotiations.
lishing negative posts on the employer's
According to the article 100 § 2
RIGHT TO PRIVACY
activity), resulting from the article 100 §
point 4 of the Labour Code, one of
The employer is obliged to respect dig-
2 point 4 of the Labour Code, a duty to
the basic duties of an employee is to keep
nity and other personal rights of the em
keep secret information, the disclosure
secret information, the disclosure of
ployee, including the right to privacy.
of which may cause the employer to suf-
which may cause the employer to suf-
Therefore, it is usually assumed that,
fer (e.g. publishing confidential informa-
fer. Drawing negative consequences
as a rule, the employer has no right to
tion concerning clients or ongoing pro-
regarding the employee will not ena-
interfere in the content published by
jects), or finally, resulting from the article
ble the employer to repair the damage
the employees in private social media.
100 § 2 point 6 of the Labour Code, a duty
already caused by the disclosure of con-
However, it does not mean that the em-
to observe the rules of social coexistence
fidential information. Therefore, it seems
ployee activity in social media is not
(e.g. insulting co-workers).
that from the employer's point of view it
Focus on Business | January–February 2022
