Hiring using Social Media

Companies are now using Social Media sites to check on potential employees before they are able to hire them. According to mindflash.com, around 45% of companies are now using social media sites to check not only their existing employees but also would be employees.

Link: http://www.mindflash.com/blog/2011/08/social-screening-how-companies-are-using-social-media-to-hire-fire-employees/?view=mindflashgraphic

I think that this kind of behavior by companies, although no laws are yet existing in our country in prohibiting or promoting this practice, is unconstitutional.

The number one question for me when using Social Media sites in checking or profiling a potential employee is that it could promote discrimination in a whole new level. A classic example is the case of lady applicant who was turned down the job offer because it was known through her facebook account that she is pregnant.

It is in section 3 of our Labor Code that

            "The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work."

The other question is when a company fires or reprimands an employee due to its activities which it was done online or through social media and although it has disturbing effects on the company yet I strongly believe that is violates the constitutional rights of an employee with its freedom of speech, freedom to engage in peaceful concerted activities and to organize. An example is when an employee rants about his work or about his bosses online.

It is in Section 4, Art. III. Which states that "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances."

Using social media sites to get information without asking directly about any potential applicant or checking your current employee could be a marvel idea yet it seems that it is contrary to law in some aspects specially in our constitutional rights. It may be connecting private life and work life yet companies must learn to balance to in crossing that fine line between constitutional rights and business rights.

Disclaimer:

This blog contains my personal commentary on issues that interest me. The views expressed here are mine alone and not part of any entity.