It is public knowledge that in recent decades as part of the development of information technologies and the globalization of the economy, the use of e-mails and social networks, constitute an essential source of communication between people, be it for reasons work, academic or personal.
However, recently the Labor and Social Security Commission of the Congress of the Republic of Peru, approved an opinion so that companies can review the e-mails of their workers, on the grounds that they constitute loss of man hours during the working day at be able to be used by the worker in non-labor matters, however this opinion is unconstitutional as it violates the rights of the person enshrined in the Magna Carta in its article 2, "Everyone has the right:", numeral 10 "To secrecy and inviolability of your private communications and documents. Communications, telecommunications or their instruments can only be opened, seized, intercepted or intervened by reasoned order of the judge, with the guarantees provided in the Law….,”And inconsistent with modern trends in human resource management, such as Empowerment, management by competencies and management by results, where it seeks to provide the worker with all possible tools to optimize their performance, provide greater autonomy in making decisions, provide them with good working conditions, respect their labor rights, seeking at all times to improve the work environment and thus allow them to achieve the expected results.seeking at all times to improve the work environment and thus allow you to achieve the expected results.seeking at all times to improve the work environment and thus allow you to achieve the expected results.
It is in this context that the use of e-mail and social networks are also part of work activities not only directly but also indirectly, by allowing, for example, to communicate with an external personal contact who can provide useful information to the work you do, also in your free time, such as snack time where you can communicate freely, or even during work hours in cases of a personal emergency, and also as sustenance in the case of overtime after the working day, being a probative of their work activity, a right that cannot be prohibited.
For the above reasons, I consider that companies should not be empowered to review the e-mails of their workers, understanding that the organizations have carried out an efficient human resources management process such as recruitment and selection of personnel, established under the principles of management participation between workers and managers, ethical guidelines on the use of tools and means of work, among others, since what ultimately interests the organization are the results obtained by its workers with efficiency and effectiveness.
