Social networks are an unquestionably and growing reality in Brazil, regardless of social class, occupation or age. However, caution is needed when using social networks given that information exposed in the virtual world impacts real life, including with respect to work relations.
In this regard, companies and employees must not only watch out for social networks use during working hours and with working tools, but also outside the work environment.
Companies may and must establish, in the employment contract or internal rules, the limits for use of such new technologies. Access monitoring or blocking of employees in the corporate environment is also authorized, in addition to the provisions of instructions to employees for the correct and proper use thereof.
Also based in the content published in social networks, the employer may use its disciplinary power for potential abusive behaviors by the employee, including the application of events resulting in just cause dismissal set forth in CLT, if the publication constitutes indiscipline acts, incontinence behavior or wrongdoing, violation of trading secret, unfair competition against the employer, honor or good reputation harmful act against colleagues and/or hierarchical superior persons.
Accordingly, companies must use caution in publications relating their employees, under penalty to be claimed to repair potential damages.
Thus, there is no doubt that the use of such new technology has been creating a new scenario in work relations, with an increasing number of actions brought with the Labor Justice involving this matter.
It is worth to keep in mind that the social networks are more and more used during the stage previous to the contracting of the employee, and the verification of information available therein for evaluation of the candidate has become usual practice.
However, it is recommended to be attentive to the professional attitude in social networks, in addition to the careful selection of the entire content published in the Internet, especially concerning the work environment, in view of the impacts such exposure may cause.