Using these types of apps can end up being quite intrusive against employees` personal belongings, as their original design was designed to meet parents` needs to filter and control the content consumed by their children on the internet, which is known as parental controls. Currently, it is very common for companies to use GPS to monitor employees, to the point that tracking several of their activities is justified to measure productivity, ensure that the company`s interests are protected, verify compliance with attendance and hours worked, measure performance, etc. Is it legal to spy on employees with cameras or from mobile devices? Spying is absolutely not allowed, because any surveillance or investigation of the employee`s objects, documents, files and emails must have an ethical motive: there must be good faith on the part of the employer. This means that the exercise of the employer`s right must have an objective and factual justification. For example, the suspicion that the employee is wasting time; disclosure of confidential information; Visit prohibited sites. More specifically, beyond the limits that all commercial actions in this area must respect and the measures that must be taken for them to be legitimate, he addressed the recent presentation offered by the labor lawyer and managing partner of Zeres, Fabián Valero, at the Conference on Labour Compliance and Compliance Foresight SF Formación. These are the guidelines that a company must follow in order to carry out a statutory audit of electronic devices. The employee`s privacy would be enhanced given the employer`s control possibilities. If there is no protocol that complies with the four established principles, it is very difficult for the company to legally sanction an employee. “The company`s interference in the computer equipment used by the workers would be considered illegitimate in principle, and the evidence obtained would be null and void,” Zeres` managing partner said. And not only that, but also the employer could be exposed to punishment and trial by the employee for violation of fundamental rights.

The offence, which could be considered very serious, would be accompanied by a fine of between 6,251 and 187,515 euros. Similarly, the employee may terminate his contract unilaterally, but with the right to compensation (Article 50 of the Workers` Statute). When looking at the legal and ethical aspects of employee surveillance, it`s important that you, as a manager, look at both approaches in parallel. If the first or second aspect is allowed to occur independently, there is a risk that pressure on employees will increase and the employer-employee orientation will decrease. It is good practice for California employers to inform employees that surveillance can and cannot monitor it unless there is a legitimate business purpose behind the monitoring. In addition, registration can never be done without consent. It`s usually assumed that an employer isn`t allowed to monitor your personal email account, even if it`s been verified from a work computer, but the legality of the permission is obscure at best. In this way, employees know and authorize the use of digital methods to control their work activities. Control, which must be developed in any case in public places, surveillance of changing rooms or toilets is prohibited.

Many employers justify these practices as a way to control processes and ensure that employees do not suffer serious errors that have already been resolved contractually, such as exposing confidential information to their users, providing poor service to customers, leaving instructions for use, or missing their official schedule without justification. Here are some of the digital tools available to employers to verify that their employees are meeting their professional commitments: Original CRHoy note: www.crhoy.com/opinion/espiando-a-mis-empleados-puede-el-empleador-hurgar-en-las-cosas-documentos-y-archivos-personales-del-trabajador/ If you believe your rights as an employee have been violated, call us today for help and support. We can help you understand employee surveillance laws and advise you on your best course of action in your unique situation.