Social Media In The Work Place

Social media in the work

place

Application of Social Media in the Workplace

• Social Media can be used by your organization:o To promote your brand or product.o To interact with clients and suppliers.o To communicate information within the

organization.o To provide staff with an alternative means of

communication between each other

Application of Social Media in the Workplace

Nearly 90% of businessesnow use social media for business purposes

Are Employers Permitted to Monitor Social Media Use by Employees at Work?

For most jurisdictions covered, the answer is YES, but with constraints on the extent to which monitoring is permissible as well as requirements that need to be satisfied to ensure the monitoring is lawful. As to monitoring social media usage on an employee’s own devices (such as a smartphone), across all jurisdictions, employers do not generally have a right to carry out such surveillance.

What Limits and Considerations Apply to Employers’ Monitoring of Social Media Use

by Employees at Work?

Accordingly, a best practice approach should be taken, and employers should implement the following steps if monitoring employees’ use of social networking sites: oIdeally, employees should explicitly consent to such policies in writingoMonitoring should go no further than is necessary to protect the employer’s business interestsoMonitoring should be conducted only by designated employees, who have been adequately trained to understand the limits on their activitiesoPersonal data collected as a result of any monitoring should be stored safely, not tampered with, not disseminated more widely than is necessary nor stored longer than is necessaryoTrain management and employees in the correct use of information technologyoBe able to particularize and document any misuse of social media sites by employees

Is an Employer Allowed to Prohibit Use of Social Media Sites During Work?

In nearly all the jurisdictions, an employer is permitted to prohibit the use of social media sites during work, both

on equipment provided by the employer and on the employee’s own devices. However, the prohibition

against use of social media sites on an employee’s own devices would not give the employer the right to monitor such devices (which would infringe the employee’s right to privacy in many jurisdictions); rather, the prohibition would be an incident of the employer’s general right to

require employees to devote their working hours to their work.

Is an Employer Allowed to Block Access to Social Media Sites During Work

As with the prohibition of use discussed above, in all the jurisdictions surveyed, an employer is

permitted to block access to social media sites on employer-provided equipment. Indeed,

respondents from many countries indicated that not only is this method legal, but that it is a

common practice among employers.

To What Extent Is it Permissible to Refer to Social Media Sites When Taking Disciplinary Action

Against an Employee

• An employer would be well-advised to consider carefully the evidentiary weight to be given to information obtained from a social media site;

• The information posted may be inaccurate, out-of-date, not intended to be taken at face value, or even posted by someone other than the person who is the subject of the inquiries;

• Relying on information contained in social media sites creates a risk of discrimination, either because someone is treated less favorably by reason of a protected characteristic, or a condition is imposed that has a disparate impact on a particular group; and

• Any use of social media sites when making employment decisions should comply with data privacy requirements (including in relation to the secure storage and deletion of information after it is no longer needed) and any internal policies about monitoring of such sites.

Percentage of Business using Social Media:

How long companies haveyou used them?

Which of the following groups engage in SM on behalf of your organization to reach

audiences?

How does your organization use SM for Internal communications?

Are all, some, or no employees permitted to access social media sites at work for non-

business use?

Do you actively block access to social media sites at work – Y/N?

Do you monitor the use of social media sites at work?

Has your company taken any precautions associated with protecting itself against the risk of having social media in

the workplace?

Managing the Risks

Employers need to advise staff of the appropriate behaviors when using Social Media!

HOW?

Create your own Social Media Policy

Managing the Risks

Facebook grumbles can have consequences as employers enforce social media policies: •The line is blurring between work and out of hours conduct which can lead to dismissal. •Employers need to develop social media policies that define social media and identify social media behavior that is or is not acceptable. •Policy should set out the risks associated with the use of social media and the potential consequences. •Employees need to be trained and educated, conduct monitored and

breaches enforced.

Termination due to inappropriate conduct

• For dismissals to be lawful, there is a need to demonstrate a connection between the conduct and the employment relationship that:

o is likely to cause serious damage to the relationship between the employee and employer

o damages the employer’s interests, oro is incompatible with the employee’s duties as

employee

Termination due to inappropriate conduct - Issues

to consider:• Ensure procedural fairness and natural justice.• Prompt action to investigate and gather information and facts. • Notify person of the reason and give an opportunity to respond with

a support person and give consideration of the response. • Establish a connection between the conduct and employment

relationship.• Employees length of service, age, skill level and difficulty finding

alternate employment.• Is there a policy that is underpinned by consequences and can it be

demonstrated that the employees are aware of and understand the policy and that a breach may result in their termination of employment.

Social Media Policy

• Why have a Social Media Policy?o Set standards of behavior when using social

media for work or personal purposes.o Protect your organization's reputation and

community standing.o Protect your organization's business interests.o Protect staff from online bullying and

harassment

What to have in the Policy:

• Create a policy that reflects on your organization's values

• Include a statement of purpose or objective• Explain who the policy applies to• Expected and unacceptable behaviors• Disclaimer• Consequences• Version control• Other linked policies, ie code of conduct

When does this policy apply?

• Personal use ∗ Ensure your employees are aware that anything posted on social media sites is their responsibility, urge responsible use.

• Use at work* If staff have the ability to access social media at work

ensure that it doesn’t affect productivity, customer service, colleagues and their work

What does a policy look like?

• Aim of Policy – why it was developed• May includes procedures• Who the policy applies to• What is acceptable/unacceptable• Consequences of not complying• Written in plain English (or your local language)• Date when developed or updated• Version control and review timeframe• Other related policies that are linked

Steps to creating a Policy

• Step 1 – Planning & Consultation• Step 2 – Research & Define Policy Terms• Step 3 – Draft Policy• Step 4 – Implementation• Step 5 – Review/evaluate/compliance

Best Practices: Our Top 5 Tips

1. Annual Audits: The law around the world is developing rapidly in this area. We recommend that businesses, especially global ones, carry out annual audits to ensure that their practices and policies comply with the developing legal requirements.

2. Make Training a Priority: Although specific social media policies have become the norm, not many businesses provide training to employees about the do’s and don’ts of social media use. Such training

reduces the risk of misuse.3. Implement Clear Guidelines: The more a business relies upon social media for business purposes, the more likely it will be that the boundary between the work and the personal use will become blurred. For those individuals who are involved in using social media for work purposes, implement specific guidelines to keep the boundary as clear as possible.

Best Practices: Our Top 5 Tips

4. Identify Specific Risks: Any training should expressly address that specific risks are prevalent as a result of social media use, such as misuse of confidential information, misrepresenting the views of the business, inappropriate non-business use, disparaging remarks about the business or employees. In parallel with this, we also recommend the policies dealing with these matters should expressly refer to social media.

5. Don’t Forget Ex-employees: Relatively few businesses have explicit provisions preventing the misuse of social media by ex-employees, despite the problems that departing employees can create – especially those with an axe to grind. We strongly recommend implementing such provisions.

Eight social media workplace opportunities:

1. Promote your company’s brand — sales and marketing professionals can use social media to introduce and promote new products and services in a way that increases a potential target market exponentially.

2. Engage your customers — whatever your company sells, whether a product or a service, it has a customer base that can be engaged through social media.

3. Improved recruiting techniques — recruiters today are increasingly turning to social media sites to attract and recruit top talent.

4. Employee engagement — Social Networking tools allow organizations to improve communication and productivity among employees.

Eight social media workplace opportunities:

5. Cost effective — using social media as a sales and marketing tool is a very inexpensive mode of advertising because it reaches a vast audience for a marginal investment.

6. Share information about your company — both customers and potential employees use social media to research companies that they have an interest in knowing more about.

7. An opportunity to listen — remember, just because you aren’t listening, doesn’t mean people aren’t talking.

8. Thought leadership — social media is an ideal venue in which to establish your company as a thought leader.