Can We Legally Limit Employee Use of Facebook and WhatsApp at Work? Seeking Advice

Hi, social networking websites and WhatsApp have become more effective communication tools in today's life, in both personal and professional domains. However, they can be harmful if used with wrong intentions.

Recently, our company management has initiated disciplinary proceedings against one of our employees. This employee has started misleading other employees of the company using Facebook and WhatsApp, attempting to discredit our company's name through various WhatsApp groups within the company.

Restricting Access to Social Media Platforms

Can we restrict our employees from accessing Facebook and forming any WhatsApp groups within the company? I hope we are not violating any legal obligations.

I would welcome your suggestions.

Thanks,
Sanjay

You cannot restrict anybody from using WhatsApp or Facebook after office hours; neither can you restrict their choice of people with whom they want to communicate. This is purely an act of breach of freedom of speech policy as per the law. Yes, you can always restrict the use of Facebook and WhatsApp in office premises, but what they do after work hours is their choice.

In reference to your query, I would like to suggest adding a clause in the employment contract of all employees to not use the company's name in any form of communication without prior permission from the organization. For drafting the clause, you may also consider seeking legal advice.

Please let me know if you need further clarification or assistance.

Thank you.

Dear Sanjay,

Employer's right to restrict social media usage

Your query: Can the employer/management restrict the usage of social media because some employed persons are causing "disrepute" to the establishment that employs them?

Position: 'Any act unworthy of employment amounts to an act of misconduct for which the employee concerned is liable to be proceeded against. Once the misconduct is established in an inquiry, the employee can be punished for the said act of misconduct.

Further, any act on the part of the employee which is "prejudicial" or is likely to be prejudicial to the interest of the establishment, its reputation, or malign the goodwill or image of the said establishment amounts to an act of grave misconduct.

Please proceed with disciplinary action as prescribed in your service rules or standing orders, as the case may be.

Team Kritarth is here to help employers in maintaining workplace and worker discipline.

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