Workplace Social Media Policy

What is a Workplace Social Media Policy?

A Workplace Social Media Policy provides employees with rules on personal use of social media outside of work and how to appropriately use social media in the workplace when it fits the employee's job description.

This Policy alerts employees that posting on an online blog, even while using a pseudonym (fake name), is problematic and can be damaging to the employer or other fellow employees.

What should a Workplace Social Media Policy contain?

The Policy should contain:

• Scope of policy
• Defining acceptable uses during working hours
• Use of social media outside working hours
• Contact person in the event of complaints
• Matters of employer investigations of social media blogs and content created by their employees.

What is the duration of a Workplace Social Media Policy?

There is no set duration of an employment policy as they normally subsist for the duration of the lifetime of the employer's organization. In other words, the duration is indefinite. However, policies must be amended to reflect the changes in legislation and should be refined to adapt to industry standards.

When significant changes arise in the Policy, the employer should provide a copy of the new Policy to all staff in a timely manner. Also, as a reminder, this Social Media Policy should be broadcasted every year to all employees of the organization.

What has to be done after a Workplace Social Media Policy is ready?

This Policy document is meant to be given from the employer to employees. If the employer has a physical office location, keep a copy of the Policy in an accessible place. Employers should include this Policy in a new employee's welcome package to ensure they are familiar with workplace protocol and avoid any future doubt that they were unaware of a specific social media rule.

Employees should also sign the acknowledgement at the end of the document confirming they read and understand the Policy. The employer should then add a copy of the signed Policy to each employee's file.

Which laws are applicable to a Workplace Social Media Policy?

Employment policies must be consistent with the law. In Canada, employment law is governed by legislation and case law. The following pieces of legislation govern employment law:

Ontario: Employment Standards Act, 2000, S.O. 2000, c. 41

Alberta: Employment Standards Code, RSA 2000, c E-9

British Columbia: Employment Standards Act, RSBC 1996, c 113

Saskatchewan: The Saskatchewan Employment Act, SS 2013, c S-15.1

Manitoba: The Employment Standards Code, CCSM c E110

Quebec: Act respecting labour standards, CQLR c N-1.1

New Brunswick: Employment Standards Act, SNB 1982, c E-7.2

Nova Scotia: Labour Standards Code, RSNS 1989, c 246

Prince Edward Island: Employment Standards Act, RSPEI 1988, c E-6.2

Northwest Territories: Employment Standards Act, SNWT 2007, c 13

Nunavut: Labour Standards Act, RSNWT (Nu) 1988, c L-1

Yukon: Employment Standards Act, RSY 2002, c 72

Newfoundland and Labrador: Labour Standards Act, RSNL 1990, c L-2

Canada: Canada Labour Code, RSC 1985, c L-2

Workplace Policies should be periodically updated and brought to the attention of employees. Employees should be made aware that disciplinary measures are taken for Policy violations, including possible termination.

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