Social networks and employment, what use?

Social networks are an integral part of French life. In fact, by 2020, 39 million users are using them. They connect an average of 1 hour and 42 hours a day, including at work. Personal use, more often than not, although some companies encourage their employees to use them in a professional setting; to promote the company and its services. First reflex for many, connecting on social networks and communicating with loved ones can also affect productivity on working time. Franck SINGER, Partner of Vivaldi Lawyers Paris, points out the limits that should not be crossed vis-à-vis his employer.

The use of social networks in the regulated professional environment

According to Article L.1121-2 of the Labour Code, employees are entitled to freely connect to their social media accounts. Possible use including in the workplace. Of course, this tolerance is all relative, so that the connection time does not affect the productivity of the employee … And so, the possible impacts and repercussions on the company’s results. The CNIL somewhat nuanced this legislation, indicating an exceptional possibility of personal access.

The majority of French employees use an internet connection in their daily tasks. A definite temptation to log on to your personal accounts, especially on Facebook. Thus, the first reflex for some employees when they arrive at their workplace is to open their personal page, even before they begin to carry out their tasks.

Meeting work company smartphone company
Repeated access to social networks on working time impacts productivity.

While February 28, recently passed, is known as the world day without Facebook, companies are wondering. Especially with the rise of telework,which somewhat breaks this framework and the rules regarding connections to private social networks. For employees, working at home can therefore present risks of temptation, which are difficult to control remotely. An over-repeated connection to social networks during the day has an impact on an employee’s quality of work. Indeed, it diverts concentration, and fast tasks become longer to perform.

This situation is deplored by business leaders, who do not hesitate to mention it to their employees in the context of an internal regulation or an IT charter. A defined framework, which, if not respected, can lead to heavy penalties for the employee.

Employer controls on the use of private social networks in business

An employer’s goal is to achieve the objectives set in advance with the work of its teams. However, if one or more employees of the company are distracted by repeated connections on their personal social networks, these goals will be compromised. Thus, the entrepreneur has the right to control the computer equipment made available to employees in the course of the work.

It can therefore control the employee’s hard drive, even if the employee is not present at the office on the day of the check-up. This allows him to see the frequencies of connections, the sites visited. These controls are intended in particular to protect the company against the transmission of viruses in the computer system… Who can enter with browsing on sites unrelated to professional activity. Computer security is therefore paramount, and the employer is therefore within his rights to control the equipment made available.

Computer social networks
Social networks are becoming a reflex among users.

The employer may allow employees to access their personal email. In the event of a check- on the employee, the employee can define the files and elements that fall within this framework, indicating the nature of the file. A “Personal” or “Private” statement on a folder allows, among other things, to separate professional and personal content. A case of use that is particularly true if the employee uses a computer outside of work, as with the use of telework.

Thus, the employer can indicate in the context of the work the prohibition of access to his personal mailbox… But also at certain defined sites. In this case, he must make a declaration to the CNIL beforehand. If he sees abuse or repeated use of personal social networks in the workplace… The employer may sanction the employee concerned, up to his such practices prevent the successful completion of the missions.

Disclosure of company-related content, risks to the employee

By definition, when an employee joins a company, he cannot harm his employer. In fact, the employee must carry out his employment contract while respecting his duty of loyalty and above all confidentiality with the company. When he connects to his social networks, even outside his work schedule, he has no right to denigrate his employer… Nor to reveal confidential information about the company.

Indeed, the dissemination of such information can be costly not only to the employer, but also to the employee. Sanctions can go as far as the employee’s dismissal. This can impact the company’s competitiveness; unfair competition, dissemination of the company’s strategy, the latest goods and services developed by the company…

The use of social networks by the employee in the context of his employment is therefore particularly regulated. The employer has a right to control the activities of its employees during working hours… professional equipment made available to them. On the other hand, it is not able to control connections made on personal tools, such as smartphones.

It is therefore a question of frequency, and of course, for the employee, respect for the ethics of his company.

Sources:

Using social networks at work: what are the rules? Vivaldi, published February 26, 2021

Article L1121-1 – Labour Code, Legifrance

Can the employer view his employee’s computer records and emails? Jadde Lawyers

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