Dismissal for use of private e-mail at work

Jun, 18 2018

Employees often use their private email at work. Constitutional Court resolved that in case of sending confidential information it will be considered as disclosure that can lead to employee’s dismissal. Detailed information you can find here: http://valen.moscow/confidentiality-regime-v-mail-services-provider-who-will-win/

 

Definitely employer cannot dismiss employee only for use of private email at work. However, it is possible to establish the ban on use of such services and fix it in job description or in internal labor regulations. It will allow to consider use of private e-mail as disciplinary offence and employee can be brought to responsibility. In case of another (repeated) violation, employee can be dismissed.

 

As for risk of confidential information disclosure by use of corporate email – company can control and analyze it, and this will not be considered as violation of employees’ correspondence privacy rights. However, employer cannot control correspondence sent by private email or employee’s messenger. Therefore, it is recommended to ban on their usage at work.