Restrictions in the Workplace
When it comes to regulating internet and social media usage in the workplace, a key concern is whether an employer has the right to impose such restrictions, particularly in the light of freedom of speech. While monitoring employees’ online activities and managing information flow within the company are important considerations, these actions can also limit the employer’s control. Therefore, it is crucial to establish clear policies that define employees’ rights and responsibilities regarding internet usage, ensuring a balanced approach that maintains trust between employers and employees.
Can the employer monitor, access, review the employee’s electronic communications?
There is no specific statutory regulation regarding workplace internet usage, however, the employer can unilaterally set up the relevant rules in a policy, depending on the purpose of the internet usage, by also restricting the use for personal purposes. Service-related usage occurs when accessing the internet is necessary for fulfilling job duties as defined in the employment contract. Job-related usage happens when the internet is needed for personal matters linked to work, such as notifying a family member about a delay during a business trip. Personal usage includes any internet activity beyond the two categories mentioned above.
Employers have the authority to manage internet use in the workplace. They can choose to allow or forbid internet access, determine who is permitted to use it, and revoke access if necessary. According to the Labour Code, employers can set limitations in unilateral declarations and in workplace policies, in which restricting the time spent online or blocking certain websites (like news, social media, e-commerce, job search, or adult content) can be possible. They can also create a list of approved websites related to work duties and rights.
This can be outlined in the employment contract or unilaterally through workplace policies. Lastly, collective or works council agreements may provide more detailed regulations as well. In cases of implicit understanding, when there is an unwritten agreement between the two parties, the extent of allowed use can be hard to define, relying on specific workplace practices or customs. In such cases, fairness and good faith must be considered. It’s important to assess whether the employer is aware of or has tolerated the internet usage, which might suggest implicit consent. Without such conditions, internet usage would be seen as forbidden.
According to the Labour Code, information about the employment must be provided in such a way and at a time that, in the absence of any different provisions related to employment, allows for the exercise of rights and the fulfilment of obligations. Restricting the private internet usage may fall under this.
Can the employer monitor, access, review the employee’s electronic communications?
Employers have the right to monitor employees’ behaviour related to the employment relationship, which includes monitoring internet usage. However, this monitoring and the tools or methods used for it must not violate human dignity, and the employee’s private life cannot be subject to such scrutiny. Employers must inform employees in advance about the technical tools that will be used to monitor them.
Regarding internet usage at the workplace, it is important to highlight that websites visited by the employee or any information stored on the computer related to internet use (such as saved usernames or passwords) can be considered the employee’s personal data. As a result, employers must ensure that any monitoring of employees’ internet use complies with data protection regulations, respecting employees’ privacy and adhering to legal data protection requirements.
Limiting Employee Behaviour Outside of Working Hours
The Hungarian Labour Code states that employees are prohibited from engaging in behaviour outside of working hours that could harm their employer’s reputation, legitimate business interests, or the purpose of the employment relationship, particularly based on the nature of the employee’s role and position within the company.
Any restrictions on an employee’s private life related to their employment are only valid if the employer has informed the employee in advance and the limitation is necessary, proportional and is directly related to the purpose of the employment.
Disparage the Employer
The Hungarian Labour Code broadly prohibits actions that jeopardise the employer’s legitimate economic interests and extends the “loyalty” obligation beyond working hours, prohibiting behaviours that directly jeopardizes the employer’s reputation, legitimate economic interests, or the purpose of the employment relationship, in which context, the employee’s job role and position within the organizational hierarchy are important factors.
The Labour Code specifically addresses the right to freedom of expression, stating that it cannot be exercised in a manner that severely damages or endangers the employer’s reputation, legitimate economic, or organizational interests. Additionally, the clause of the Labour Code, which limits personal rights, applies when restricting employees’ freedom of expression.
Freedom of expression in the workplace is subject to stronger limitations. For example, statements aimed solely at damaging the employer’s reputation, business standing, or market and commercial perception, using destructive language, causing other legal harms, or openly criticizing, questioning, or undermining the values or value-based beliefs represented by the employer are not protected. In any other cases suppressing the freedom of expression is prohibited according to the Labour Code as it is considered as abuse of power.
Divulge Confidential Information
Employees are obligated to keep business secrets confidential and cannot share information acquired through their work that could harm their employer or others. This confidentiality does not apply to public data or legally required disclosures. According to the Hungarian Act on Protection of Business Secrets (Act LIV of 2018), a business secret is a fact, information, other data, or compilation thereof that is associated with economic activities, kept confidential — either in its entirety or as a sum of its elements that are not generally known or easily accessible to persons engaged in the relevant economic activity. Consequently, it has economic value. The holder of the secret takes reasonable steps to maintain its confidentiality, as generally expected in the given situation. Sharing such information with third parties, like clients or colleagues, that could cause harm is considered a breach of duties.
Consequences to employees
The employers can terminate the employment contract without a notice if the other party acts in a manner which wilfully or by gross negligence breaches their primary employment obligations or otherwise demonstrates a behaviour that makes the continuance of the employment impossible. Employees are liable to damages as well, with no cap in case of gross misconduct or wilful activity.
General guidelines and business practices
According to the relevant case-law, using a colleague’s computer for personal purposes, such as browsing non-work-related websites, can be considered a violation of duties that may justify termination. In particular, actions that are detrimental to the employer’s reputation or financial interests, including improper use of company resources or actions that could harm the company’s image, may be grounds for dismissal. This includes situations where an employee’s conduct – such as posting content on social media while representing the employer – could be viewed as tarnishing the employer’s business reputation, even if the employee is acting outside of working hours.
In such cases, the employer’s right to protect its legitimate economic interests and reputation outweighs the employee’s freedom of expression, especially when the employee’s actions endanger or severely harm the company’s standing in the market or with clients.
Data Privacy
According to the Hungarian Labour Code employers have the right to request employees to provide declarations or personal data that are essential for the creation, performance, or termination of the employment relationship, or to enforce claims arising from the relevant law. They may also request such data to exercise rights or fulfil obligations defined under the law, including data necessary for verifying compliance with employment-related regulations. In some cases, employers can demand that employees present documents, and they must inform employees in writing about any data processing carried out in these contexts.
Regarding sensitive personal or biometric data, employers can only process such data if it is necessary to prevent unauthorized access to items or information that could pose a serious risk to life, health, or other significant legally protected interests. Specific examples of these interests include the protection of classified data, firearms, explosives, toxic chemicals, and valuable assets. Employers may also process criminal data if it is needed to assess whether an employee or a job applicant meets legal requirements for a particular role, particularly in positions where security or protection of significant interests is a concern.
Additionally, employers can monitor employee behaviour related to the employment relationship, using technical devices, but they must inform employees about this in advance. Employees can only use IT tools provided by the employer for work-related purposes unless there is an agreement to the contrary. Employers also have the right to access work-related data stored on such devices to ensure compliance with employment obligations.
