Post by juthi52943 on Jan 4, 2024 12:08:38 GMT 1
The Labor Code will be redundant. Legal basis Employee monitoring is not a legal obligation of the employer. However, it may happen that sectoral regulations will impose an obligation to use such monitoring in your vehicles. Such a case is the system for monitoring road and rail transport of goods and trade in heating fuels SENT system or the obligation to GPS monitor garbage trucks.
However, these obligations apply to vehicles, not employees. The Job Function Email List use of these systems to conduct employee monitoring will have a separate purpose and a separate legal basis. Consent cannot be the legal basis for employee monitoring. This is due to the imbalance of parties in the relationship between the employee and the employer.
Such consent could be expressed involuntarily or its withdrawal could result in negative consequences for the employee. The appropriate legal basis will be the legitimate interest of the administrator. It should be remembered that in order to apply this legal basis, the so-called balance test . The balancing test may be part of or attached to a Data Protection Impact Assessment DPIA.
However, these obligations apply to vehicles, not employees. The Job Function Email List use of these systems to conduct employee monitoring will have a separate purpose and a separate legal basis. Consent cannot be the legal basis for employee monitoring. This is due to the imbalance of parties in the relationship between the employee and the employer.
Such consent could be expressed involuntarily or its withdrawal could result in negative consequences for the employee. The appropriate legal basis will be the legitimate interest of the administrator. It should be remembered that in order to apply this legal basis, the so-called balance test . The balancing test may be part of or attached to a Data Protection Impact Assessment DPIA.