Suspension of Email and Internal System Accounts: When Is It a Lawful Measure for Employers?

Situation

In human resources management practice, many employers suspend or deactivate an employee’s email and internal system accounts when the employee unilaterally stops working, fails to hand over work, or poses potential data security risks.

However, employers are sometimes subsequently complained against or sued, with allegations that such suspension constitutes an act of preventing the employee from working.

Legal Grounds

• Articles 21 and 28 of the 2019 Labor Code of Vietnam
• Confidentiality obligations under the labor contract
• Lawfully registered Internal Labor Regulations

Legal Analysis

From a legal perspective, the temporary suspension of email or internal system accounts:

• Does not automatically constitute termination of the labor contract; and
• May be regarded as a risk management and data protection measure, particularly for managerial, technical, or other positions with access to sensitive company information.

Vietnamese dispute resolution practice indicates that the decisive issue is not whether the employer suspends access, but rather:

• The purpose of the suspension; and
• The manner in which the measure is implemented.

Where the employer suspends access in order to:

• Protect company data and internal systems;
• Prevent risks arising from the employee’s unilateral absence; and
• While not issuing any termination decision and continuing to request the employee to return to work,

such suspension is generally not considered a unilateral termination of the labor contract.

Conversely, where the employer:

• Suspends access silently and without notice;
• Fails to explain the reasons for such suspension; and
• Does not demonstrate an intention to maintain the labor relationship,

the legal risk to the employer may be significant.

Recommendations

(Based on Practical Experience in Handling Labor Disputes in Vietnam)

Based on practical experience in advising and resolving labor disputes in Vietnam, employers should take note of the following:

1. There must be clear factual grounds

Suspension of access should only be implemented when there are reasonable grounds, such as:

• The employee’s unilateral absence for consecutive days;
• Failure to hand over assigned work; or
• Potential risks to data security or internal systems.

2. The purpose must be data protection, not removal of the employee

Employers should clearly demonstrate that the suspension is a temporary protective measure, rather than a form of disciplinary action or termination of employment.

3. Written notification is mandatory

The notice should clearly specify:

• The reasons for suspending access;
• The temporary nature of the measure; and
• The conditions for restoring access (commonly linked to the employee’s return to work and completion of handover obligations).

4. Prior contractual and internal regulatory basis is essential

Labor contracts and Internal Labor Regulations should include provisions on:

• Confidentiality obligations; and
• The employer’s right to manage and control internal systems and accounts.

These provisions constitute critical legal grounds to demonstrate that the suspension is not an arbitrary act.

PRACTICAL COMPLIANCE CHECKLIST FOR EMPLOYERS

☐ There are clear grounds relating to data security risks or breaches of work obligations
☐ Labor contracts and/or Internal Labor Regulations provide for confidentiality and system management rights
☐ Written notice is issued stating that the suspension is temporary
☐ Conditions for restoring access are clearly specified
☐ A request for the employee to return to work is sent concurrently
☐ Access is not suspended silently or without notification

Conclusion

Suspending email or internal system accounts for data protection purposes does not equate to dismissing an employee.

Whether such a measure is lawful or unlawful depends entirely on the employer’s purpose and method of implementation, assessed on the basis of documentation, evidence, and the surrounding factual context.

Disclaimer: This content is prepared based on the laws and regulations in force at the time of publication and is provided for general informational and legal knowledge-sharing purposes only. It does not constitute legal advice for any specific matter and does not create any commitment or guarantee as to the outcome of any legal process. The application of law must be assessed based on the relevant documents, evidence, factual circumstances, and the laws and regulations in force at the applicable time.

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