Employee rights

The employee must balance his right  to privacy  and the employers right to monitor employees activities including his office emails which may cause annoyance and embarassment to him, which may ultimtely lead to some disciplinary act against the employee who personally preserves office emails for future use  AGAINST HIS EMPLOYER. iN  THIS CONNECTION READ THE FOLLOWING i CAME  across ONLINE.

Creating an Effective Email Policy.

While the decision whether or not to monitor employee email transmissions is up to the individual employer, all companies should develop and communicate a sound email policy to communicate proper usage of the company email system to employees. The employer should distribute its email policy regularly to all employees, and require them to sign an acknowledgement that they have received, read, understood and agree to abide by the rules. A good email policy should contain the following elements:

1. A statement that the employer’s email system is employer property, to be used for the purposes of furthering employer business. The policy should state whether personal emails are permitted, and define any limitations on personal use of the system.

2. An explanation of the rules governing the use of the email system. For example, employees should be informed that email use should comply with all applicable laws and regulations, and that the system should not be used to:

• Transmit or receive confidential or sensitive information;
• Transmit or receive discriminatory, harassing, s*xually oriented, offensive or other illegal or improper messages; or
• Download unauthorized software onto the employer system

3. If the employer intends to monitor employee email, the policy should state this, as well as the business reasons for doing so and the circumstances under which monitoring will take place. The policy should include a statement that the employee has no expectation to privacy regarding any emails sent, received or stored at the workplace.

Most employees that misuse their company’s email system do not do so intentionally. Usually, they do not understand that email transmissions, by their nature, are not private documents, and that inappropriate use of the system opens both the company and the individual to potential legal exposure and personal embarrassment. A well-drafted, well-communicated company email policy will instill in employees the instinct to think twice before clicking the “send” button.If you appreciate this   answer please click the thankyou button onthis forum.

It can be initiated, negotiated,settled by employer/employee to keep a copy.

Usually employers frame thier email policy and keep upper hand frame rule that employee can not download/copy.

However in matters that are personal exception can be possible e.g; leave/resignation/OT/attendance etc etc.....

Vague query.

The official email, if properietory of author, can be used in evidence.

Consult a local lawyer.

Agreed with Dr. Vashsita.

Dear All

Thanks for your reply, but my question is this emails required to me, if any court case in future to prove my side, than i must have right to keep this emails & this emails sender & reciver is me & not company.

Has the employer objected to printing,downloading, copying?

Or employer has isued any policy prohibiting, the copying,printing,downloading etc?

If you are the stakeholder then take up the matter for keeping a copy.

Thanks a lot Kumar sir,

They have not taken any objection yet but they will take if they will come to know i need email for court case which will go in my favour on the basis of email & against of them. please let me know how i should do?

Can i forward all email to my other email account or save on my home desktop, can law allow me to do this?

If employer is aware of such fact then it can block your access any time.

Then you will need, in time, order from court of law.

Evidence is evidence; even if acquired illegally.

Speak to your own counsel in person.

Thanks a lot sir for your prompt reply.

You are welcome.

Online discussion has its own limitations.

You can beenfit from the counsel of Expert Dr. J C Vashista