Labour law

It is frequently mentioned that the Internet is changing the way in which we work. ICTs have blurred the traditional routine of work, free time, and sleep (8+8+8 hours), especially in multinational corporation working environment. It is increasingly difficult to distinguish where work starts and where it ends. These changes in working patterns may require new labour legislation, addressing such issues as working hours, the protection of labour interests, and remuneration.

While this phenomenon requires broader elaboration, the following aspects are of direct relevance to Internet governance:

  • The Internet introduced a high level of temporary and short-term workers. The term ‘permatemp’ was coined for employees who are kept for long periods on regularly reviewed short-term contracts. This introduces a lower level of social protection of the workforce.
  • Teleworking is becoming increasingly relevant with the further development of telecommunications, especially with broadband access to the Internet.
  • Outsourcing to other countries in the ICT service sector, such as call centres and data processing units, is on the rise. A considerable number of these activities have already been transferred to low-cost countries, mainly in Asia and Latin America.

In the field of labour law, one important issue is the question of privacy in the workplace. Is an employer allowed to monitor employees’ use of the Internet (such as the content of e-mail messages or website access)? Jurisprudence is gradually developing in this field, with a variety of new solutions on offer.

In France, Portugal, and Great Britain, legal guidelines and a few cases have tended to restrict the surveillance of employee e-mail. The employer must provide prior notice of any monitoring activities. In Denmark, courts considered a case involving an employee’s dismissal for sending private e-mails and accessing a sexually oriented chat website. The court ruled that dismissal was not lawful since the employer did not have an Internet use policy in place banning the unofficial use of the Internet. Another rationale applied by the Danish court was the fact that the employee’s use of the Internet did not affect his working performance.

An additional point of concern arising with the ever-growing use of social networking is the delimitation between private and working life. Recent cases showed that employees behaviour and comments on social networking sites may address various topics, from workplace and co-workers to employer’s strategies and products, deemed as personal (and private) opinions, but which may considerably affect the image and reputation of companies and colleagues.

Labour law has traditionally been a national issue. However, globalisation in general and the Internet in particular have led to the internationalisation of labour issues. With an increasing number of individuals working for foreign entities and interacting with work teams on a global basis, an increasing need arises for appropriate international regulatory mechanisms. This aspect was recognised in the WSIS declaration, which, in paragraph 47, calls for the respect of all relevant international norms in the field of the ICT labour market.

Ms Ana Maria Corrêa

Researcher, PhD Candidate in Law, Université Libre de Bruxelles

Brussels-based Ms Ana Maria Corrêa is working as as a researcher and writing her PhD thesis. Her research examines the challenges of regulating the digital economy and preventing discrimination in the US and European markets. Her project was awarded a four-year grant from the CAPES Foundation (Brazil). A member of the Council for European Studies and the Internet Society, she has led classes in comparative law at the Université Libre de Bruxelles and in global law theories the Goethe Universitat Frankfurt. A lawyer by training, prior to pursuing her PhD, Ana Maria earned a Master’s in Public Law from the Université Aix-Marseille III, France, and studied European Human Rights at the European University Institute, Italy.

Share on FacebookTweet