1. Can the employer restrict the employee’s use of Internet and social media during working hours?
Yes, the employer can restrict the employee´s use of Internet and social media during workday hours.
2. Employee’s use of social media to disparage the employer or divulge confidential information
Article 56 of the Colombia Labor Code establishes that the employees have an obligation of obedience and loyalty to their employer of obedience and loyalty. If an employee uses social media to disparage the employer, it would be considered a breach of his/her obligations under the employment contract that can result in a disciplinary sanction or the termination of the employment with cause.
In addition, usually the parties enter into a confidentiality agreement for employees to treat as strictly confidential all non-public information he/she may come to know, related to the employer’s business as well as to the business of his/her clients, contractors and contracting parties.