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Can my employer have access to my email?

Introduction

An employee is on vacation and didn't divert his mail or put an absence message on his email.

Trigger

Upon his return, the service is boiling because an urgent file could not be dealt with without access to his email.

Incident

His department head issued a warning. The employee denied any fault, insofar as his correspondent mistakenly sent his response to him when he was not the file manager. 

Resolution

The employee should have received specific instructions on the use of his mail in his absence. Holiday dates must be anticipated.

Conclusion

The professional in-box of an employee may be accessible according to the conditions defined in advance and acknowledged by the employee.

timbre signification

Recommendations

Guidelines must be developed for the use of the email. In the absence of clear rules, access to the mailbox of an employee is only possible for serious and objective reasons.

Basic principles

Cst. 13 al. 1 ; CP 143, 179novies and  321ter ; CO 328 and  328b

The right to respect privacy including correspondence, worker protection.

Resources

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