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Topic : Employee Relations in an Organization
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Industry : Human Resources (HR) Consulting
Functional Area : Leadership Styles
Activity: Question posted: 02 10 2009 10:49:04 +0000, 20 answers, 943 views, last activity 07 06 2010 20:18:08 +0000
 
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Can an employer open an emplyees work related mail, not the personal one if it is addressed to the employee???

 
 Top Answer :
Rating : +4 

EMails are provided by company to promote their work, operations, communicate with their customers. E-mails sent / received / replied reflect work and social culture of the company. Employees need to know when, where and to what extent they use offical e-mail IDs for personal work and of what nature.

Should the above be abused, leading to complaints from peers, customers, alerts from local regulatory authorities, the Company has no option but to take necessary steps.  Strong personal political, anti-government or religious views appearing on Orkut or other forum through a company's official registered servers would need company to take strong action against  irresponsible employees as in the long   run, it is the company which would be   penalized or would hve to face litigation costs, or media attention - all of which for not its own fault.

HR need to apprise new employees of what is allowed / not allowed while using e-mail and Internet technologies, and what punitive measures are included within company policy to ensure future activities within the workplace remain conducive and cordial for both sides.

Technologically, EDP department can always view your mails. Most mailing software at server levels for the adminstrators have audit policies and filters built in.



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by   Alexander Lewis, Marketing Manager, self  | 02 25 2009 05:08:13 +0000
  Answered by     Devi Kaladeen, Audit Manager, Health Sector Development Unit  | 04 18 2009 18:08:30 +0000
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Rating : +2 

The company can only have access to your official mail so it is no problem if they see the need to read it. In some companies all official mails are viewed by the Administrator.  I think employees are sensible enough not to encourage their personal contacts to send mails to their official email.

  Answered by     sangameshwar Kadole, Industrial Engineer, Infotech Enterprises  | 04 18 2009 07:48:06 +0000
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Rating : +1 

No I dont I agree,  employer has every right to open and see all the emails in a official email box. As per my perception official email ID should not be used to send personal email. This is to avoid possible information loss. Howwever if no official email ID is provided by the Company, but employee uses his peronal email ID, then emloyer has no right to open and check emails in emailbox. As usual emloyee CC the official mails to reporting Authority

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Rating : +2 

Yes, provided the email ID is provided by the company. in case any employee using his personal ID for business purpose and no ID is provided by the company then it's his personal matter and he may be asked to make CC to the next reporting authority only for the business mails and not for his personal communications. In case if the company opens his personal ID then it's invasion. 

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Rating : +2 

1. The E-Mail IDs given under company domain are for official correspondence. In all company mail domain, it is notified that, company reserves the right to have access to incoming and outgoing mail from your mail ID. Your logging in is assumed as your automatic acceptance of above terms & conditions.

2. The objective of company behind this, is not to evade privacy of employees, but to guard the interests of company against information pilferage. And information secrecy is of vital interest to all companies.

3. This does not mean, company scans each & every mail of personal nature. Mails are checked on specific doubts of some communication od sensitive nature is taking place.

 I think this is fair enough.

4. For personal communication, one can always have personal ID and he can do it after office hours. Company may not have any objection to it. Also it will not have access to you persoanl id.

 

  Answered by     Dipen Trivedi, Project Manager, 3i Infotech  | 04 03 2009 09:14:52 +0000
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Mr. Pradip i would agree with you that if the e-mail id is specially for the company's purpose then they have every right to check it out. But as you said if its a personal id then they have not any right to do anything with that as they are crossing the line by getting into the personal space of someone.

  Answered by     Kalaivani R, Technical Recruiter, CEI India Pvt Ltd  | 03 31 2009 06:07:45 +0000
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Rating : +1 

Legally, there is no problem with this. Any employer will continue to open mail addressed to an employee unless clearly marked "personal and private". This may be correspondence relating to previous or existing work. There may be requests for further work. It always has been expected that an employer will continue the business after any employee leaves. There is no reason for there to be a different rule when it comes to e-mail. This is not something done secretly. And if its going to be personal employees can use their personal emails instead of official mails.

  Answer modified by     Jyoti Rath, Sr. Associate, Barclays  | 03 26 2009 11:23:50 +0000
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Rating : +3 

An employers has the right to check the employee email and he should do it on regular basis so as to check whether the company mail ID is used for blogging, social media as leakage of material financial information, such as unannounced financial results, on blogs and message boards are frequent.

Also check out "Large companies snooping on employees' e-mails"

http://toostep.com/trends/large-companies-snooping-on-employees-e-mails

  Answered by     Amar K. Keralikar, Senior Associate, MD&T Partners  | 03 04 2009 10:13:22 +0000
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Rating : +1 

From the perspective of Indian law, interception of electronic communications can only be done by a statutory authority in accordance with terms set out in the Information Technology Act, 2000. We do not have any privacy laws enacted apart from the provisions under Article 21 of the Constitution of India. In the absence of any legal provisions to check violation of privacy by private entities, the right of an employer to monitor electronic mails of employees constitutes an emerging area of the law that is unsettled at this point in time. The only condition or requirement is that it should not violate any terms and conditions set out in the employment contract.

 

Although the concept of right of privacy forms an important area of discussion, the employers have several legitimate reasons to consider monitoring employees e-mail and internet usage, including but not limited to confidentiality reasons, maintain employee efficiency and employer’s professional reputation, preventing sexual and other illegal workplace harassment etc.

 

In today’s business world, corporate houses have set up standard corporate email policies which form the guidelines and rules for email usage created by the company for its employees. The email policy is a set of precautionary measures set out ideally to inform and restrain the employees from making, creating or generating inappropriate and unacceptable email communication. It also lays down the rights of the company in the event an employee breaches the email policy of the company. It should be understood that a company’s email account and internet service that an employee uses is company's property and hence the company has the right to carry out precautionary and remedial measures to protect its security, privacy and credibility so far as it is reflected by its email systems.

 

[DISCLAIMER: The content provided above is not warranted or guaranteed for any purpose whatsoever and does not constitute legal advice. All negative consequences and liabilities that may result from the usage of the information are hereby specifically disclaimed. Reader is advised to seek professional advice before acting on any information.]

  Answered by     pradip , CTO, Extolution Software Pvt Ltd.  | 03 04 2009 04:14:20 +0000
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Rating : +3 

yes, companies can view the emails of employees. The official email id's are for official purpose. But snooping into personal email ids is not right. Employees must understand official emails are for official purposes

  Answered by     Darpan Sinha, Tech Architect, Royal Bank of Scotland  | 03 03 2009 12:54:49 +0000
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Rating : +1 

yes ... thats y we shd not mix offical and personal mail id's. The mail that u recive on the offical mail id r co's property.

 
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