What about actually monitoring remote workers?
This is only allowed if an employer has a legitimate purpose for monitoring and it must outweigh the employee's right to privacy. This may be the case, for example, if fraud is suspected, or if an employee visits websites that do not belong at work, such as online stores and Netflix. However, the employee must know in advance how he or she may use a work laptop or phone, i.e. only for business or perhaps also privately, and whether it can be monitored. So the employer may monitor if there is suspicion of misuse of the items.
Case law example
There was a case about this at the court in Tilburg. An employee had texted a lot during working hours, as a result of which the employer did not want to pay out vacation hours at the end of the employment. It involved at least 1255 apps, namely love messages to several women in a period of only 7 months. The judge found this to be far too much and calculated 2 to 3 minutes per message and arrived at about €1,500 in work time that the employer had lost as a result of the large amount of appending.
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 privacy in the workplace. Please feel free to contact us.
June 2024
