There are many labor causes judged by TST – High Court of Labor in Brazil, being win by the companies, where evidence inside of the e-mail accounts provided by firms to their employees are being used as a basis to sustain a dismissal for just cause.
“There is no illegality in the act of the company that accesses the mailbox of electronic corporate employee”
Thus any unlawful conduct of the official charged by undue use of e-mail accounts provided by companies is liable to dismissal.
Suppose that you leave a person living in a your house, your after a while you begin to receive complaints from neighbors about strange movements in the house, the house is still his, then to find out, you resolve to get to that home discovered that this is used as a drug point, you are no dealer is not someone who supports such practices, the least you can do is ask for that person to withdraw from his home.
It seems heavier than the example,but is exactly what happens in business, there are employees who do pratice illegal things by email, With transference of pornographic material, sexual harassment, jokes pejorative, speak evil of the head of the company and the benefits of company offered, as a meal. But not wanting to talk about a solution, to that for internal meetings, some people just want to see the circus on fire.
Companies that detect this type of behavior, prefer simple fire the employee than to initiate proceedings against him, because nobody will accept an illegal behavior in your home / business or the residence of someone who does not like to be there and just complain.
The email system of a company is a unique resource for business, so it is not for use by employees for private purposes. Therefore the employer has all the right to monitor the system for email. If he wants privacy, use another email, as Gmail, Yahoo mail, hotmail etc..
Some companies allow the employee to use external email (like: gmail, Yahoo, hotmail) for their particular purposes within the company, and use the company’s only for matters of job. Other companies but not let the employee use of email other than the company’s very fair, because the internal network, access the Internet, and received pay for hours worked are paid by the company.
But if an employee leaves the company use external email (gmail, Yahoo, hotmail) it has no right to open such an email, but because this is a particular account, even if the company has created an email like “CompanyName@gmail.com” this company is not entitled because the site “gmail.com “is not the company, but Google.
A business email is standardized as follows:
It is indicated to the companies use internal email only company email, if you want to worry about what enters and what leaves the company.
Because a malicious employee might send an email with details of secret data for the competition.
Although the officer who use the firm’s own email to violate it than stupidity should be dismissed for lack of intelligence, there are several ways to get information from a computer and send it to another location, such as the already famous pen drives. Solution for that too? Yes, monitoring of the computers, of course.
If a company provides a computer for you work, the computer is still her, then what do you do with all that information generated is also her. Just as the right to know what you are doing with equipment.
Unfair? No, you are being paid to work, has a monthly salary for this, not to be making collections of smiles, friends online, reading jokes or accessing videos on youtube.
Unpleasant? Yes! It’s like going to a bathroom door open, no one can be 8 hours per day just doing just work of the company, the human being does not have this condition. That would increase the stress in at least 50%.
Even so if your company wants to adopt this scheme, their employees will circumvent the situation, and instead of a board to help improve, try to overturn an executive that is so autocrat.
Staff who live in this system say that, as the company monitors the time that the used programs such as Excel are open, they leave the programs open and take a sheet of paper, start drawing / scribble, or fill yourself with coffee, doing spontaneous meetings in the kitchen, thus spending more time idle than if they could do what they want on their pc’s, because where there is satisfaction, there consideration.
A company has to value their information, in the case of email is necessary, for a good meeting, a Security Policy formalized.
Many nor Dream that it already be happening in the company that works, and may feel very badly to be not circumspect, as if someone mexesse in your pocket. To avoid these types of constraint is needed formalized internal policy, however, as the computer, Internet access and e-mail is the company, it is understood that the information bound can be viewed by the company.
One of the best known cases is the dismissal of an employee of HSBC for just cause that was caught sending pornographic pictures to coworkers.
The code of practice NBR ISO / IEC 17799 defines the “management” of security involving people aims to “reduce the risk of human error, theft, fraud or misuse of the premises of the corporation. Thus, the standard recommends that these measures are taken in “stage of contract” included in the contract and monitored during the contract of employment.
An employee may, via email, send viruses attached to supposed documents / files from work to all the members of the company, and consequently, stop the service of the company, delete information from infected computers and even “fry” the hardware of the machines, a simple monitoring can inhibit this practice.
The employee must understand that being paid to work, if it is with intent to harm the company, he could answer why, if he does not feel well, or does not like to be there, may leave. Nothing more frustrating for a human being than a place he does not feel well.
Email is for use at work, theory of ownership of the company, then it is not interception, as the company is the owner of the email. You? A simple user of the system.Referências:Business, Conduct, Info, Labor, Law, Mail, Work