Newsletter
CLA TO DRAFT GUIDELINES FOR INTERNET USE
Internet gives rise to a new issue in industrial relations. Enterprises widely monitor employ-ees' Internet activity to prevent them from re-vealing confidential business information. To avoid industrial disputes arising out of Internet use, the CLA plans to invite lawyers, academics and experts to draw up guidelines. In the future, enterprises may be required to demonstrate that information disseminated by a worker was con-fidential business information, and that the em-ployer had previously announced network use guidelines. This is to prevent companies from dismissing employees arbitrarily on the pretext of inappropriate Internet use.
The CLA states that an employee disclosing a company's secrets over the Internet naturally breaches the principles of confidentiality and good faith underlying the contract of employ-ment, and the company may discipline the em-ployee by demerit, demotion, suspension or even dismissal, according to the severity of the case. But the employer must show that the information disseminated by the employee was indeed con-fidential information belonging to the enterprise.
Under the Business Secrets Protection Law, to be defined as confidential, information must meet the following three conditions: (a) the file must be clearly marked to indicate its importance and confidentiality; (b) only employees above a cer-tain level of seniority may be authorized to ac-cess it; and (c) the employer must have applied appropriate protection measures, such as a password. The CLA states that employers' monitoring of Internet use impinges upon em-ployees’ right to privacy, but appropriate moni-toring is justified; provided, that an employer must first announce a network management policy.