South African Labour Law Prevents Employers From Accessing Employees’ Facebook Accounts

Online social networking is a murky issue in the office; but South African labour laws are clear – employers are not allowed to request access to employees’ Facebook accounts.

This issue is currently under investigation in America, after it came to light that employers in the US were demanding that employees hand over their social networking passwords.

However, in the following article for IT Web, it is made clear that the South African Labour Relations Act protects employees from divulging private information that has no bearing on their job. Labour Law Rules!, edited by Marié McGregor and Adriette Dekker, clears up further questions relating to laws and regulations in the workplace.

South African labour legislation prohibits employers from demanding social media usernames and passwords from employees.

This is according to Johan Botes, director in the employment practice at Cliffe Dekker Hofmeyr business law firm, who says in light of the recent controversy surrounding the issue in the US, South Africans should know they are protected.

“Employers in SA may not unfairly discriminate against employees or applicants for employment on a number of grounds listed in Section 6 of the Employment Equity Act 55 of 1998 ( EEA). These grounds include race, gender, pregnancy, sexual orientation, HIV status, political opinion, conscience, language, religion and similar grounds,” says Botes.

• Complete article: IT Web

Book details

• Labour Law Rules! by Mpfariseni Budeli, Ernest Manamela, Tukishi Manamela, Clarence Tshoose, edited by Marié McGregor, Adriette Dekker
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  EAN: 9781920025489
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