The employer cannot – as would be a violation of article 4 of the Workers’ Statute – control e-mails to check “from a distance”” the employees’ fulfilments of work. However, they may, if holding evidence to suggest that an employee is performing illegal acts (for example, the disclosure of confidential company information, in violation of article 2104 c.c.) control the company e-mail ex post and dismiss the employee if held responsible for the serious breaching.
This has been established by the Court of Appeal with sentence no. 2722 of 23.02.2012.
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