The new digital age has created new forms of harassment in the workplace. One of these forms, which is emerging in Greece, has to do with social media. For example, the employee is instructed to promote through his own profile publications of the company or its executives and indeed in a pressing manner. In order to put a brake on this situation, the now Independent Labor Inspection Authority, with a circular, clarifies the framework of the employee’s exposure to the employer’s digital social media and it becomes clear that his possible refusal to be included is legitimate and protected in publications, let alone interacting with posts and content related to the activity of any business.

Speaking to APE-MPE, the commander of the Independent Labor Inspection Authority, George Tzilivakisemphasizes that the need arose for the drafting of the circular as there have recently been such complaints in Greece at the offices of the former SEPE (Labor Inspection Body).

“The employee is protected from the processing of his personal data throughout the duration of the employment relationship. Both candidates and employees are protected. The same applies to employees whose employment has ended and who have left the employer for any reason. It is important to make it clear that the employee’s refusal to process his personal data refers to those elements, which are not absolutely necessary to take into account for the conclusion of the employment contract or for its execution. For the elements that are not necessary for the performance of his work, such as photos that identify him on social media, the right of refusal of the employee is protected by the law, which for any processing that goes beyond the above purposes (conclusion and execution of the contract ) requires the free and express consent of the employee. His consent, for the processing of personal data, is freely revoked at any time, as easily as it was given,” said Mr. Tzilivakis.

He explains that the law stipulates that consent can be provided either in paper or electronic form and must be clearly distinguished from the employment contract. The employer must inform the employee in writing or electronically about the purpose of the processing and his right to withdraw his consent. At the same time, if the employee has signed relevant consent forms during recruitment, Mr. Tzilivakis notes that as easily as they were given, they can be revoked.

At the same time, the new circular clarifies that with regard to the legality of using social networks (Facebook, LinkedIn, Twitter, Instagram, etc.) as tools for examining the profile of the prospective employee, with a view to recruitment, it is legitimate in certain cases related to only for professional purposes, in which case the employer is authorized to access and check, based on a legitimate interest, the available information that the employee himself has made public on his publicly visible profile, such as education and previous work experience. However, as emphasized in a related announcement, the employer is of course not allowed to evaluate personal posts and, in any case, any knowledge of information obtained, through social networks, about the hobbies, friendly and social interactions of employees, their family status , their religious or political beliefs or sexual preferences, should not be a cause of discrimination or communicated to third parties.

“In the event that the employee makes a complaint in order to exercise his legal right to the protection of personal data and receives retaliation from his employer, either by worsening his job position or by terminating his employment contract or receiving harassment (mobbying) for his decision, the labor legislation also protects him and he can request the intervention of the Labor Inspectorate, with a request to conduct an examination of a labor dispute”, the commander of the Independent Labor Inspection Authority points out to APE-MPE.

But what are the margins of the Independent Authority in these cases? “The Labor Inspectorate will issue a reasoned opinion and seek to resolve the labor dispute. However, it must be made clear to employees that the Inspection’s finding is not a court order to compel the employer to comply. Despite this, the majority of employers comply with its findings and recommendations, thus avoiding litigation and settling the labor dispute amicably, which contributes to the maintenance of harmonious labor relations. The Labor Inspectorate has the ability to impose administrative sanctions, which are, in fact, very high in cases of discriminatory treatment or harassment at work, with an insult to the employee’s dignity. Nevertheless, before the final sanctions, the initial approach has a guiding and advisory character”, explains Mr. Tzilivakis.