Dutch workers can't be sacked for porn

23-09-2003

by The Register

Employees in the Netherlands can't be sacked for downloading Internet pornography onto office computers unless there is a clear code of conduct, according to research.

Dutch legal trade magazine People Planet Profit, has said that judges in the Netherlands are demanding that companies have clear policies defining what can and cannot be done on company time and company equipment if they want to dismiss employees for downloading pornography or engaging in other inappropriate Internet practices.

However, only large companies have such a code of practice; smaller ones often don't and these businesses will not have much luck in the court room, according to judges cited by the Dutch magazine. The trend is the same almost everywhere in Europe.

In the UK, "email and net abuse" is now the top reason why employees face the sack. In the UK companies also must have a clear code of conduct over Internet and e-mail usage if they are to avoid being sued for wrongful dismissal.

A draft Directive on privacy in the workplace by the European Commission may also hold back companies to sue their employees for surfing porn sites.

The directive will regulate all aspects of employee privacy and govern requirements on the monitoring of Internet and email usage in the workplace. The idea is that the employer is better served by preventing Internet and e-mail abuse than in detecting it.

Continuous monitoring should be permitted only if necessary for health, safety, security or the protection of property; and workers should be informed and consulted before the introduction of any system likely to be used for monitoring.

In other words, peeking at porn may still get you in trouble, but at least you know you're being watched.

The Register and its contents are copyright 2003 Situation Publishing. Reprinted with permission.