- The High Court of Justice confirms that recording internal company systems is grounds for disciplinary dismissal.
- The corporate logo does not need to appear to identify the company and proceed with the sanction.
- Freedom of expression has limits when it comes to damaging the employer's reputation on social media.
- Using a personal mobile phone for purposes unrelated to work during working hours violates contractual good faith.
Uploading a video to social media might seem like a silly way to pass the time, but for many workers in Spain, it's becoming a one-way ticket to unemployment. The trend of sharing daily work life on platforms like TikTok has run headlong into the law, as the courts are increasingly taking action. especially strict with image protection business and the use of internal management tools.
The courts have made it clear that the principle of good faith in contracts is not something to be taken lightly. Although personal profiles are sometimes considered entirely private spaces, the reality is that disseminating content that damages reputation It can be very costly to be wronged by the person who pays your salary. In recent months, several court rulings across Spain have confirmed that disciplinary dismissal is a proportionate measure when certain red lines are crossed.
The case of the Ibiza waiter and the payment system
One of the most talked-about incidents recently occurred in the Balearic Islands, where the High Court of Justice ruled in favor of a well-known hotel chain after it dismissed a waiter. The employee decided it was a good idea to record himself at his post demonstrating the point-of-sale (POS) system while He openly criticized the prices of services. and the salaries received by the establishment's staff.
In the video, which quickly circulated on social media, the worker claimed that the company was selling coffee for five euros when it only cost twenty cents, also complaining that salaries were around 1.400 euros. The judges have ruled that reveal the internal operating procedures The hotel's actions constitute a serious breach of the loyalty owed to the company, regardless of whether the data on profit margins was accurate or not.
The importance of the uniform and the work environment
The company name doesn't need to be written in giant letters for them to be penalized. In several cases analyzed by the High Court of Justice of Madrid and the High Court of Justice of Catalonia, the dismissal of employees has been upheld. They appeared dancing in their regulation uniforms The fact that the workplace can be identified through the environment or corporate clothing is reason enough for the company to take action.
It has become quite common to see TikTok dances performed in warehouses, offices, or cleaning centers. However, the judges emphasize that using work time and company resources for this purpose is unacceptable. purposes completely unrelated to the service The contract breaches the necessary trust between both parties. Even if there is no direct intent to cause harm, negligence in exposing the brand in unprofessional contexts is sufficient to justify termination of the contract without compensation.
Limits to criticism and freedom of expression
Often, employees try to invoke their right to freedom of expression to make negative comments about their bosses or colleagues. Current case law reminds us that this right is not absolute and that It ends where insults begin or gratuitous defamation. When the objective of a video is not to report a real problem, but to mock or insult the organization, legal protection disappears completely.
On the other hand, even recording videos outside of work hours doesn't guarantee total immunity if the content is offensive. If the messages publicly call into question the company's ethics or honesty, the employment relationship is seriously compromisedCompanies are not obligated to keep on staff someone who, through their social networks, drives away customers or creates a climate of hostility with the rest of the colleagues, however funny the author may find the video.
The key to avoiding a monumental disaster seems to lie in radically separating one's online public persona from professional responsibilities. In a scenario where Digital reputation is an asset Critical for any business, the judges insist that ethical standards must be applied with the same rigor in both the physical and virtual worlds. Ultimately, what is uploaded to the internet leaves an indelible trace that can be used as conclusive evidence to confirm that certain conduct is incompatible with continued employment.