Question 144. In the context of the Labour Code covering no clear regulations the labour issues related to the media and social network and competent labour agencies in locality still identify this as one of the new issues, which leaves them quite embarrassed by the guidance, what should an Employer do to protect itself in this case?


The Labour Code does not contain regulations governing the use of media and social networks within an enterprise. This leads to the fact that many competent labour management agencies at localities are rather hesitant in guiding enterprises to develop ILR related to such a content. For the Employer to take the initiative in preventing risks before the strong development of information technology, artificial intelligence and the influence of the prevailing media and social network, from practical experience, the Employer should pay attention to the following issues:

  • Firstly, the Employer should identify the positive and negative aspects of their using media and social network, thereby promoting the benefits brought by the use of media and social networks such as creating a cohesive relationship with colleagues and increase the Employer’s outbound communications to develop the corporate brand. At the same time, the Employer should also seek ways to minimise the risk of the Employee abusing media and social networks that affect productivity, performance, or showing acts that damage the enterprise.

In order to effectively conduct the said use, the Employer may issue a separate internal policy (in addition to ILR) regarding the Employee’s responsibility for using the appropriate information in response to the media and social networks to provide clear, necessary guidelines that help the Employee better understand this policy at the Employer’s request

  • Secondly, the Employer should clearly specify the violations related to the media and social network in the ILR and in case of committing such violations, the Employee may be subjected to disciplinary action in one of the forms of reprimand, removal from office, salary raise prolongation of fewer than 06 months or dismissal depending on the violation extent; at the same time, notify the Employee and post the ILR at the necessary positions at the workplace for the Employee to grasp these regulations; and
  • Thirdly, the Employer should also organise periodical internal training sessions for the Employee to disseminate and answer the Employee’s questions so that the Employee can better understand the effects of media and social networks in the workplace, thereby developing the sense of self-conscious control of the Employee’s own behaviours in response to the media and social networks.