1. Can the employer restrict the employee’s use of Internet and social media during working hours?
The employer can restrict the employee’s use of Internet and social media during working hours (ideally by including such a provision in the employment contract or an internal regulation). The employer may take disciplinary action should an employee not comply with the internal regulation.
Surveillance of the employee’s use of Internet is strictly regulated by law and must be authorized beforehand by the National Commission for Data Protection.
2. Employee’s use of social media to disparage the employer or divulge confidential information
By disparaging the employer, the employer violates his/her loyalty obligation and the employer may, as the case may be, take disciplinary action.