The supervisor scrutinizes every detail: What are the limits of overseeing?
Digital snooping: Can employers monitor employees' every move at work?
In the age of advanced technology, everything an employee does at their desk could potentially be watched by employers. However, there are limitations to how much spying on employees is legally acceptable.
While some conversations with co-workers or online searches should remain private, employers have tools at their disposal to keep tabs on their staff. But just how far can they really go?
According to labor attorney Johannes Schipp, it depends on whether company-issued equipment like computers can also be used by employees for personal matters. If the answer is yes, employers have a weaker case for intruding into their employees' private lives. This means they can't blindly search through emails or internet activities without cause.
But if a work computer is exclusively used for business purposes, then employers may access the data stored on it and monitor employees' email accounts. However, this must be explicitly stated in the employment contract or through formal guidelines.
Keep it clear and communicate it well
The works council, a type of employee representation, plays a significant role in this matter. When it comes to technologies for assessing behavior and performance, like smartphones or computers, the employer needs to get consent from the works council before enacting any surveillance measures.
Be specific with your surveillance
In most cases, general, 24/7 surveillance is not allowed without a legitimate reason. For instance, if there's a suspicion of criminal activity, then monitoring can be deployed to tackle the situation. Yet, constantly tracking vehicles or video surveillance in the office is considered excessive and inappropriate without grounds.
