Work at home continues to increase due to pandemic and the instant messaging ‘apps’ gain more strength when it comes to communication between employers and workers; according to Jaramillo cited by Portfolio, a boss may include in groups of Whatsapp related to the company to its employees as long as it has prior approval from those people.
The expert highlighted in the newspaper that workers can oppose belonging to these groups without having any labor consequences, going to that he is the holder of the mobile data that he is using on his phone and, in addition, to the right to privacy.
Things change when the worker has already agreed to be included in the company’s WhatsApp group; according to a ruling of the Constitutional Court, With the green light on the part of the employee, the information becomes semi-private and of interest not only to the owner of the linked account (owner of the telephone) but to the work group.
“The circulation of the information supposes the previous acceptance of belonging to the group in which they will circulate in front of third parties, such as coworkers and bosses, data such as their telephone number and photo of their account,” Jaramillo said in the newspaper.
In accordance with the Legal Assistant portal, in the event that the person has a cell phone supplied by the company and it is the same that pays the mobile data, the employee is obliged to be in the WhatsApp group of the company because it becomes a working tool.
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