A media and advertising company issued a disciplinary decision against a female intern on 26/11, publishing it on the company's Fanpage and TikTok accounts. The decision included the intern's name, major, and the university she attends, sparking public outrage.
The company director, who signed the disciplinary decision, stated it was based on the company's charter, internal regulations, and the director's authority.
The alleged violation cited in the decision was the intern's "challenging language and unprofessional attitude towards superiors, violating company conduct and communication policies." The disciplinary action involved "non-recognition of the internship period at the company and recall of the internship confirmation stamp." The decision also requested the intern's university to review the matter and issue a reminder to the student.
Company shows signs of legal violation
Commenting on the media company's actions, lawyer Bui Quoc Tuan of the Ho Chi Minh City Bar Association called it "very regrettable, an inappropriate decision that should not have been made."
Tuan explained that the Labor Code defines labor discipline as regulations on adherence to work hours, technology, and production-business operations issued by employers in internal labor rules and prescribed by law. Disciplinary action against an employee must follow legal procedures.
Specifically, the relationship between the company and the intern does not constitute an employment relationship, meaning the Labor Law cannot be applied to resolve this matter. Furthermore, the company had already confirmed the female student's completion of her internship period in writing.
Regarding the company's unauthorized public disclosure of the student's personal information on social media, without her consent, this action shows signs of violating personal rights protected by law. These rights include: an individual's right to their image; the right to protection of honor, dignity, reputation; and the right to private life, personal secrets, and family secrets, as stipulated in the 2015 Civil Code.
According to the lawyer, regardless of the disciplinary decision's content, which is entirely illegal, no one is permitted to post another person's private information on social media in any form without their consent, unless legally mandated.
Therefore, the intern has the right to demand the company remove the post, issue a correction, apologize, and seek compensation for any damages incurred.
Under Clause 2, Article 101 of Decree 15/2020 ND-CP (amended by Clause 37, Article 1 of Decree 14/2022), the act of posting another person's personal information on social media, if not severe enough for criminal prosecution, may incur administrative penalties.
The fine for organizations ranges from 20-30 million VND; for individuals, it is half that amount, up to 15 million VND (according to Clause 3, Article 4 of Decree 15/2020).
Additionally, violators must remove false or misleading information as per Clause 3, Article 101 of Decree 15/2020.
Lawyer Tuan emphasized that companies should provide a supportive environment for interns, as they often lack experience and are prone to communication and behavioral errors. Instead of imposing or pressuring them for self-interest, companies should guide and assist them in their professional growth.
"Pushing students to the brink can lead to unforeseen consequences," Tuan stated, adding, "companies need to reflect and learn from their intern intake process."
By Hai Duyen
