Cassation, the employer can ‘spy’ their employees … – The Daily

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The employer can ‘spy’ their employees Facebook . According to the Supreme Court, it can create a false identity to check if staff are chatting on the social network during the ‘ working hours , jeopardizing the safety of the plants to which it is assigned and orderly functioning of’ company. The Supreme points out that this type of control is legitimate because it has “concerns the work and its exact fulfillment, but the possible commission of misconduct by the employee” already “claimed them “previously.

For these reasons the supreme court confirmed the dismissal for cause of a worker Abruzzo officer presses a printing house that had moved away from his position for chat for fifteen minutes. So it was not able to intervene “promptly” on a press locked from a sheet that had got stuck in the mechanisms. The worker in the following days had talks with mobile phone in conversations on Facebook. In his locker company had been found an iPad on, in connection with the power grid.

To verify with certainty these habits of the employee, the company had instructed the responsible personnel to create “a fake profile of a woman on Facebook “to lure the worker suspected of violating company rules on the safety of processing steps and equipment. According to the employer this type of investigation did not infringe the status of workers because it lacked “continuity, inelasticity, invasiveness and compression of the autonomy of the worker”.

This point view was supported by the Chamber of the Supreme Court working with the judgment 10955 . In the opinion of the supreme judges tend eligible controls defensive “hidden” even “by personnel foreign business organization, as direct finding of misconduct other than mere non-performance of work performance, in terms of quantity and quality” , provided that the methods of assessment are not “overly invasive” and are “respectful of guarantees of freedom and dignity employee.”

For the judges, the false profile on Facebook, “was intended to find and punish behavior likely to affect the company’s assets, in terms of the functioning and the safety of facilities” and it was a “ defensive control ” ex post called “the episodes that occurred in the previous days, and that is, by the finding of violation by the employee of the disposal company which prohibits the use of the phone and conducting activities outside work during the time of service. “

locate the employee through his “access to Facebook from your mobile” is a technique allowed – explains the Supreme Court – “the presumed awareness of the worker can be located through the system of satellites of his cell.” To cut to the chase, the Supreme Court said that “it is the principle stated by the Criminal Law ” that control a person remotely via GPS is a form of “shadowing performed with instruments technology, not comparable to interception activities “subject to strict authorization and is” quite an unusual investigative activities and the results are certainly used during the preparation of the conviction of the court “.

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