Workplace Social Media Policy - Template, Sample Form Pro · EN-CA-law

________

________

SOCIAL MEDIA POLICY

§ 1 – INTRODUCTION AND PURPOSE

(1.1) This Social Media Policy (the “Policy”) is issued and made effective as of ________ and was last revised as of ________.

(1.2) The purpose of this Policy is to establish the rules and expectations of ________ (the “Employer”) governing the use of social media applications by employees, both in connection with the Employer’s business and in their personal capacity, including the limitation of personal use of social media in the workplace unless such use falls within the scope of an employee’s duties and is expressly permitted by the Employer.

(1.3) The Employer is committed to compliance with all applicable federal and provincial or territorial laws, including, without limitation, the Personal Information Protection and Electronic Documents Act (Canada) and any applicable provincial privacy legislation, applicable human rights legislation, applicable occupational health and safety legislation, and applicable employment standards legislation. Any provision of this Policy that is inconsistent with applicable law shall be read down or severed to the extent of the inconsistency, and the remaining provisions shall continue in full force and effect.

(1.4) This Policy is to be read together with all other contracts, documents, rules, policies and workplace regulations of the Employer, which continue to apply concurrently. In the event of any inconsistency between an employee’s employment contract and this Policy, the Employer shall, acting reasonably, rectify such inconsistency, and the more specific or more recent applicable provision shall prevail to the extent permitted by law.

§ 2 – SCOPE AND APPLICATION

(2.1) This Policy applies to all employees, prospective employees, staff, personnel, contractors and workers connected with the Employer, whether engaged on a full-time, part-time, temporary, casual or permanent basis, and to any other individual whom the Employer deems appropriate in the circumstances who utilizes social media (collectively, “employees”).

(2.2) For the purposes of this Policy, “social media” means any web-based or mobile application, platform, website, forum, blog, discussion group, chat room, content-sharing site or similar medium through which users may create, post, publish, share or comment on content, including without limitation X (formerly Twitter), Instagram, Facebook, Snapchat, LinkedIn, TikTok, YouTube and any successor or comparable platform.

§ 3 – USE OF SOCIAL MEDIA IN THE WORKPLACE

(3.1) The use of social media may form a necessary function of an employee’s duties, including for employees engaged in marketing and sales, business development, communications, or who are otherwise engaged in promoting the business affairs of the Employer, in a manner consistent with this Policy.

(3.2) The use of social media to promote and advertise the Employer must reflect the Employer’s actual objectives and must never include any derogatory, obscene, discriminatory, misleading or otherwise inappropriate content. All social media campaigns must be assessed and receive the Employer’s endorsement prior to publication.

(3.3) Use of social media in the workplace that contravenes this Policy may warrant disciplinary action. Prohibited uses include, but are not limited to:

• use of social media that prevents the employee from performing their respective duties in a manner consistent with their employment contract;
• use of social media that prevents the employee from collaborating and cooperating with fellow employees;
• use of social media that prevents the employee from complying with confidentiality obligations;
• engaging in online discussions of confidential company matters, even with the use of pseudonyms;
• posting harassing, discriminatory or demeaning comments online.

(3.4) Content that is permitted when using social media for business purposes includes the following:

• professional achievements in the workplace, whether such achievements are those of the Employer or of specific individuals within the Employer (subject to the consent of any individual identified);
• special company events;
• the welcoming of new staff members;
• employment opportunities;
• other content as approved by the Employer.

(3.5) The Employer and its employees will respect the perspectives and opinions of others and conduct themselves professionally at all times. Employees will listen and respond to customer feedback courteously and conduct themselves as responsible and upstanding members of the community. Except as expressly approved by the Employer, social media is for business use only during working hours. Conduct or content that is harassing, dishonest, discriminatory or offensive will not be tolerated, and personal use of social media during working hours is prohibited unless consistent with this Policy.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

(3.7) Employees acknowledge that, subject to applicable privacy legislation and any applicable notice requirements, the Employer may monitor the use of its networks, systems and devices for legitimate business purposes consistent with law.

§ 4 – USE OF SOCIAL MEDIA OUTSIDE OF THE WORKPLACE

(4.1) Applicability. Personal use of social media means an employee’s use of social media applications outside of the workplace to write comments, make posts, share photographs or videos, and create general content through the use of the Internet.

(4.2) Responsibility. An employee’s personal posts or content shall be their sole responsibility, and any liability arising therefrom shall be borne exclusively by the employee who created or published such content. The employee shall be fully accountable for any consequences arising from their content, and the Employer shall not bear any liability in respect thereof.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

(4.4) Identification and Disclaimer. An employee who identifies themselves as working for the Employer and posts content discussing the Employer or its customers should include a disclaimer stating that the views expressed are the employee’s own and do not constitute the opinion or position of the Employer. It must be made expressly clear that the Employer has no connection to the subject matter of the post.

(4.5) Equipment. Employees shall use their personal devices for personal social media, and such use shall occur on their own time and not during working hours. Where employees use social media for business purposes, any business account shall be entirely segregated from the employee’s personal account, with appropriate privacy settings, and shall be clearly identified as a business account.

(4.6) Defamatory and Derogatory Content. Employees using social media applications shall not make any violent, discriminatory, derogatory, defamatory or harassing comments concerning colleagues, fellow employees, clients, customers, suppliers, or management of the Employer, whether or not pseudonyms or misleading names are used. Employees shall not engage in conduct that may damage the reputation of the Employer and shall remain true to their implied duty of good faith and fidelity owed to the Employer. Any form of damaging or disparaging material directed towards the Employer is expressly prohibited.

(4.7) Nothing in this Policy is intended to restrict or interfere with an employee’s lawful rights, including any rights under applicable labour relations or employment standards legislation, or any right to engage in protected expression permitted by law.

§ 5 – BREACH OF POLICY

(5.1) Any breach of this Policy by an employee may result in disciplinary action, up to and including termination of employment for cause. The severity of the disciplinary action shall be determined by the Employer, acting reasonably, taking into consideration the nature and seriousness of the breach and the circumstances surrounding it.

(5.2) In addition to any disciplinary action, the Employer reserves the right to pursue any legal remedies available to it where a breach results in damage, loss or liability to the Employer. Nothing in this Policy shall limit the Employer’s rights or remedies at law or in equity.

§ 6 – GOVERNING LAW

(6.1) This Policy shall be governed by and construed in accordance with the laws of the Province/Territory of ________ and the federal laws of Canada applicable therein.

§ 7 – CONTACT

Should you have any questions or concerns arising from this Policy, or need to report an incident, kindly contact the Employer using the following information:

________

________

T: ________

________

§ 8 – ACKNOWLEDGEMENT

I acknowledge that I have received and reviewed the Workplace Social Media Policy and that I understand the obligations contained in this Policy. I understand that failure to comply with this Policy may result in disciplinary action, up to and including termination of employment.

I further understand and agree that the Employer reserves the right, in its sole discretion, to make changes, future amendments and modifications to this Policy as it sees fit, and that I will be bound by such changes upon notice to me.

_________________________
Employee Signature

_________________________
Employee Name (Print): ________

_________________
Date: ________