Judgment Shock, Employees Bugged on Facebook, no offense to … – abruzzo24ore.tv

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The employee can be spied on Facebook. The green light comes from the Supreme Court but is not generalized because this form of control ‘occult’, obtained by the company through the creation of a fake Facebook profile, is allowed to “find and punish behavior likely to affect the company’s assets “and not to control” the work more proper. ” This is why, says the Supreme Court, it can not be said that “the creation of fake facebook profile constitutes, in itself, infringe the principles of good faith and fair dealing in the performance of the employment relationship, by following a straightforward method of assessment of ‘fault committed by the employee, not invasive nor inductive infringement, having functioned as mere chance or solicitation where the employee promptly and consciously joined. “

The case examined by the Supreme Court regards appeal a worker Abruzzo officer printers that had been fired “for cause” – and the Supreme Court today upheld the maximum penalty – in September 2012 on the basis of a number of complaints including one that he had with his phone conversation on Facebook. The assessment – reconstructs the sentence of section 10955 Jobs – was made possible through the creation by the personnel manager of a ‘false profile of woman on Facebook’. Already the Court of Appeal of Aquila, in December 2013, had considered legitimate control made on the employee, considering no “invasive”. Findings confirmed today from Piazza Cavour that rejected the use of the employee, validating the legality of the expulsion.

Specifically, the Supreme Court speaks of a “trend eligibility checks defensive ‘hidden’, even by personal foreign business organization, as direct finding of misconduct other than mere non-performance of work performance, in terms of quantity and quality, firm however the necessary explanation of the assessment activities through mode not too invasive and respectful of the guarantees freedom and dignity of employees, with whom the interest of the employer to control and defense organization must balance each production company and, in any case, according to the dictates of the general fairness and good faith bargaining. “

The Supreme Court, for the avoidance of doubt, states that “the employer has set up an audit that it has related to the worker’s most proper and its exact fulfillment, but the ‘commission of any unlawful conduct by the employee, then actually found and already manifested in the days before policies where the worker had been surprised the phone away from the press, which was in charge, and was discovered his detention in the company of an electronic device useful for conversations via the Internet. “

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