What is yours, me and mine. This is the attitude of some employees to corporate property. The employer can arm and monitor whether employees do not misuse their funds for their private needs. First students Boivoj Lbal and Marek Poloni explain how they have to follow the rules and what they can check.
If the employer wants to monitor whether the employees use their resources only for the performance of their work, what must they take into account?
Boivoj Lbal: Every employer should make sure that his property and know-how are safe and secure. When inspecting the bag, the employer must take into account the private employee and the control mechanisms so that they do not interfere with it beyond the necessary extent. This is because a private employee cannot be applied only to his / her non-working life, even within the framework of the work performed, it is necessary to pay attention to the protection of these elements.
In the same way, the employer must be sure that in the event of a monitoring employee, he has fulfilled all the requirements that are required by the regulations on personal data protection, because in this way the personal data is collected and processed in each way of monitoring employees. However, it does not end there, other first employees can be affected by the following, for example, the first to keep the secrecy of correspondence.
On the other hand, employees should not misuse company property. When, in general, should an employee abstain without the consent of the employer?
Marek Poloni: In general, employees are not allowed to use for their personal needs the production and working resources of the employer, including computer technology and its telecommunications equipment. It does not matter whether the employee uses these funds during his working hours or during his personal free time. Therefore, it is entirely up to the employer to what extent the employees are allowed to use the means of work for private individuals.
Mete uvst konsrtn pklady, co napklad zamstnanec nesm dlat?
Boivoj Lbal: There are many specific cases. Bad, of course, also in the operation in which the employee works.
I will give at least a typical example. If the employer does not allow it, it is not possible for employees to print their private documents on the employer’s printer.
An employee of a car repair shop does not have, without the permission of the employer, handcuffs equipped with company car parts to replace bicycles on their own cars. If you use a company car, you cannot force a company car to pick up your grandmother on a train without the consent of the employer, or go abroad with your car on a private trip to a music festival.
In such cases, the employer could have a monetary claim against the employee for the use of work equipment to private employees. For your own use, it is not possible to draw mobile data from the employer’s tariff and send photos taken by a business mobile phone to your friends.
Can the employer check at any time and without any restrictions whether the employees use the company funds as permitted and do not use them for private use?
Marek Poloni: Yes, I do. The control allows the employer to finish the work only in a reasonable way, but never without fulfilling certain preconditions.
The general employer may not, without any reason due to the special nature of the employer’s activity, subject the employee to open or covert surveillance. In the same way, it is not possible to eavesdrop and make records of their telephone calls, to check electronic mail or mailing addressed to employees without an invited reason. If there is a so-called reason for the day, the employer must inform the employee about the scope and method of control.
But what can be imagined under the fact that the reason for control must lie in the special nature of the employer’s activities?
Boivoj Lbal: Determining what is meant by the special nature of the employer’s activities can be a bit complicated. In this case, it is not so much the special nature of the field of activity and the subject of business, ie what the employer has in the commercial and trade register. These are the duties that the employee performs with the employer.
I will give an example of a situation where the director of the company has access to the banking company. In such a case, such a top manager can certainly be inspected to a large extent, not by the number of employees who would like to issue a private e-mail at the employer’s expense during working hours. The reason for this check is that the changed director is noticeably noticeably unreasonable.
So it is generally known that in the degree of control only the top managers always apply?
Marek Poloni: It doesn’t have to be just top managers, even for a number of employees it is possible to imagine a relatively large scope of control. These are situations where employees, for example, have access to significant know-how and trade secrets, a secret recipe. Workers who have access to valuables, such as goldsmiths, may also have a greater degree of control.
In any case, the control by the employer must take into account that the control is first and foremost private.
Boivoj Lbal: Song right. In the event of any inspection, the employer must ensure that the redundant does not interfere with the first employee in private. The employer must therefore know whether it is not possible to carry out the inspection in such a way that would be able to achieve the monitored purpose at the same time and better, and at the same time would also interfere with the employee’s privacy.
So what is control and what can be considered as control by hand?
Marek Poloni: I will explain this on the example, when the employer would decide to check whether the company’s computers are also used by private companies. Direct monitoring can be considered monitoring activities on the Internet, sometimes even a specific browsing history. In this case, the employer can check to see if the employee is visiting a site that he does not need for work.
If the employer had the so-called keylogger installed in the computer, ie software that removes individual keystrokes, it would be unreasonable and even an endless check. In the case of a keylogger, the employer would get to the design of a number of private ones first.
It should be noted, however, that the monitoring of activities on the Internet must be deduced by the employer for a reason called the reason in the special nature of his activity. In most situations, moreover, even this monitoring would not have to be fully straightforward, as the employer has other tools at his disposal, such as whitelists and blacklists, ie lists of pages that the employee may or may not visit from work.
And what about the control of employees who use company vehicles? Is my employer tracking through a local system such as GPS?
Boivoj Lbal: In this respect, in most cases, it is the first interest of the employer to monitor whether the employer does not misuse the car for private people, for example, if he does not go to buy furniture during the business trip, then unload it at home and then drill the car back to the employer.
Here, too, it is necessary to pay attention to the employee’s first private, the use of a simple GPS locator, which only captures and records the position of the car, is certainly less to the extent of a private employee, not a locator who also captures and records, for example, driving speed.
But what if an employee is allowed to use a company car for private use, in which case we can have a monitoring room where the car is driven?
Boivoj Lbal: This is a more difficult situation.
a number of companies have work on camera systems. How about working with cameras at work?
Marek Poloni: Before using them, the employer should determine, regularly through an internal directive, whether he intended to use the camera system to control employees, to protect property against these persons and other persons. Accordingly, he must set up the camera system so that the rest does not interfere with the first employees.
In the case of a monitored employee, the employer will probably only need to keep a check in order to have an overview of whether the employees are performing their full duties. There are quite obviously suitable tools, such as your attendance report and continuous control of the employee’s entry by the superior employee, who intervene less with the first employee.
In what cities can the employer defend the installation of the cameras, and where, on the contrary, must I never be handcuffed?
Boivoj Lbal: The installation of camera systems is similar in places where, for example, you can manipulate the amount of pensions and all extraordinary values. On the other hand, there are certain cities where it is never possible to monitor employees, typically both toilets and toilets, for possible control in this regard, the employer must be able to monitor the corridors before entering these rooms.
You have changed that the employer can also interfere with letter secrets and open a letter or e-mail addressed to employees.
Marek Poloni: Yes, in addition to the private touch, I can also reach the letter secrets. Even in such cases, the employer must ensure that the scope of this first is as small as possible during inspections. As in the case of first-time privates, the employer also opens and starts at first only if the condition of the so-called reason related to the special nature of the employer’s activity is fulfilled.
What do I specifically ask the employer to use to first open and check such correspondence and check if it is not private correspondence?
Boivoj Lbal: Certain indicators that the employer can open and stop the delivery for meeting these conditions, for example, the sender, address, item or subject of the e-mail, the employee’s job position may be indicated, and if the employer opens it first, the address itself is addressed. He should be sure to deal with the first, which he says to Mr. Novka, not with the first with Honzo, that even here it would be a matter of business communication.
Even if all indications indicate that it is a business communication, the employer must first terminate it when he finds out that it is in fact personal in nature. For example, employees can be advised to always describe their communication with family and well-known non-employees as private.
Monitor employees and assess what is and is not meant by the courts. If the employer wants to check his employees, what should he or she know to pedal the lawsuits?
Marek Poloni: When determining whether the specific method of monitoring employees is the first and the first allowed, always depending on the specific circumstances, to determine the guidelines on how the employer to assess whether the executive control of the employee is final and equal, the European Court of Human Rights svm decided in Brbulescu v. Romania. In accordance with this decision, the employer should, in the event of the introduction of control mechanisms in place in the monitoring staff, take into account the following six criteria:
- Whether the employee was informed about the monitoring in advance.
- How was the scope of monitoring and the degree of intervention in a private employee.
- Whether the employer has a legitimate reason to justify monitoring.
- Whether the employer could invoke my invasive interference in private.
- How were the impact of the monitoring room on employees.
- Whether the employee has the appropriate skills to follow the course in a specific way.
And when is it said that the employer is in the first place and the employee took the company’s things as his own and used them for his personal needs, how threatened would he be?
Boivoj Lbal: It is clear that the employee violated the ban on the use of work equipment for personal use, it is not enough to determine the exact punishment on the part of the employer. The employer must regularly determine the extent and intensity of the violation and accordingly determine both the compensation of the code caused to him and, secondly, the corresponding labor penalty.
In the case of payment of the code, it is not possible to speak of a penalty, even if the employee completely determines this, it is rather the type of payment of all expenses that the employer unreasonably incurred in connection with the poetil of one employee. For example, in the case of compensation for the misuse of a work vehicle for departure to the festival during working hours, it may not only be a matter of the payment of petrol and wear and tear of the vehicle, but also the cost, which is due to the fact that the employee did not pay attention to his work during working hours.
Do an employee for misuse of corporate affairs lose my job?
Marek Poloni: Yes. In addition to the compensation caused by the code, the employee in this act always violates the work, and therefore I can receive, for example, the employer’s contribution, or if so long-term and repeated, it can be a violation in a particularly gross way.
In such a case, the employer may enter into termination of employment. In the same way, the employer is entitled to reduce the non-claimable salary of the given employee (eg one-time bonuses and bonuses, which are decided by the employer), when the violation occurred during working hours. In extreme cases, punishment is not ruled out.