Monitoring employees in the workplace? Employers can forget about it….

There are many questions from users of our website about whether an employer can monitor or continuously monitor employees during work activities.

1 minute of reading

The form of monitoring (monotoring) can vary, often it will be monitoring the content of email correspondence, monitoring calls from the work phone, opening correspondence, but also monitoring the movement of employees within the operation or in the employer’s offices. Industrial cameras are a special chapter. These and other aspects of employee “surveillance” will be dealt with next time.

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The question that arises from the above is: Is this legal? The answer is unequivocal – NO! The exception is when the employer has valid reasons to question the employee’s performance.

§ Section 316(2) of the Labour Code prohibits an employer from monitoring employees “for preventive reasons”. Employees can only be subjected to such practices if: 1) there is a serious reason to doubt the employee’s work performance and 2) the employee is informed about it.

However, the above does not apply in the case of certain specific activities where, on the contrary, monitoring needs to be carried out. Typically, this will be in the case of printing shops, nuclear plants, etc., where, for safety or damage prevention reasons, monitoring of employees must be carried out continuously.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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