Can the employer monitor, access, review the employee’s electronic communications?
If the employer’s restriction on employees’ use of Internet and social media during working hours is a part of its internal policies, which have undergone the said democratic process and have been announced to all employees, or informed to a specific employee, or is incorporated in the employee’s employment contract, it could be valid and enforceable.
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
If the employer intends to prohibit employee’s use of social media to disparage the employer or any personnel of the employer, it must have clear management rules which have undergone the democratic process. In practice, for more effective regulation purposes, employers may specify the restrictions regarding employee’s use of social media in their internal policies (e.g. explicitly stated in the employee handbook that employees are not allowed to comment on any affairs related to the employer in a public nature or on their own social media). The employer may, in accordance with internal policies, impose disciplinary measures on the employees if they use social media to disparage the employer or divulge confidential information.