Restrictions in the Workplace
According to the provisions of the Labour Standards Act (LSA), employers with 30 employees or more need to establish rules regarding rewards and penalties in their workplace regulations. Employers may restrict employees from using social media in the workplace within these regulations. However, it is important to ensure that any penalties are announced in advance so that employees are aware of them, and the disciplinary measures must be reasonable and appropriate. Smaller employers can also explicitly include a “Social Media Usage Policy” clause in the employment contract to clearly regulate employees’ use of social media.
Can the employer monitor, access, review the employee’s electronic communications?
In our country’s legal framework, there is no explicit prohibition against employers monitoring employees’ official emails. Employers should only monitor official content on employees’ computers and must follow rule of proportionality. Past rulings show that temporary audits based on system alerts do not violate privacy if they are proportional. Employers must inform employees in advance about monitoring practices to respect privacy rights. Local court judgments have indicated that the legality of an employer’s monitoring of employees’ official computers or emails depends on whether employees can reasonably expect privacy in their email communications within the company.
If the employee’s conduct is severe enough to cause reputational and business losses to the company, the company may also seek civil damages from the employee. The Trade Secrets Act may be applicable when it involves divulging confidential information of the employer. If the employee’s action is considered a material breach to the employment contract/work rules, or an intentional act to disclose the employer’s technical or business secrets, causing damage to the employer, the employer may terminate the employment contract based on Article 12 of the Labour Standards Act (LSA).
