Remote working has become increasingly common, but this also raises questions about monitoring and privacy. How far is an employer allowed to go in monitoring employees? A recent example on the Internet shows how an employee tried to outwit the system by placing a mouse on his watch to make it look like he was working. This raises the question: may an employer monitor and punish this type of behavior?
When is an employer allowed to monitor employees?
Employers have the right to monitor employees, but this may not be unlimited. Under privacy laws, an employer must have a legitimate interest in monitoring employees, and this interest must outweigh the employee's right to privacy.
Some examples where monitoring may be warranted:
- Suspected fraud or misuse of work equipment
- Monitoring for unauthorized use of company devices (such as streaming or online shopping)
- Assessment of productivity when performance problems are evident
In addition, employees should know in advance the policies surrounding monitoring and use of work equipment. This means that an employer must specify whether a work laptop or phone can also be used privately and whether it can be monitored.
Case law: appending during working hours
A case in the Tilburg District Court ruled on the unauthorized use of a business phone. An employee had sent at least 1255 messages over seven months, mostly private messages. The employer therefore refused to pay out vacation hours at the end of employment.
The judge calculated that sending these messages amounted to about 1,500 euros in lost work time. Because the number of messages was excessive and at the expense of work, the employer was ruled in favor.
Conclusion: clear agreements are essential
Employees should not be monitored without cause, but if there is abuse or fraud, monitoring may be warranted. However, employers should be transparent about the rules and employees should be aware of their rights and obligations when using business devices.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about monitoring. Please feel free to contact us .
April 2025
