Working Life > Company > Monitoring of Employees

Monitoring Employees

Definition, Explanation

Controlling and supervising employees is done to avoid the distribution of internal processes and financial information and prevent the company from thievery and private utilization of the internet and telephone. Such supervising regulations can be defined in job contracts. Supervising measures are only allowed if there is concrete evidence, e.g. due to non-elucidated cases of thievery or if the supervision is limited to customers. Preventive Utilization of cameras or detectives to avoid thievery by employees is prohibited. It is only in the case of concrete evidence that a suspected person and location may be supervised. The necessary conditions for a supervision of employees is defined by the Works Construction Act and regulations of data protection.

Measures allowed:

• Obvious and visible video surveillance with a clear notification, as long as it does not include spying on employees
• Statistics about phone calls, including phone numbers, time and duration, if there is a suitable Work Construction Act

Measures not allowed:

• Tapping and recording phone calls without the respondent´s agreement
• Spare time supervision
• Preventive and comprehensive supervision
• Supervisions including private sectors of the employee such as changing rooms, break rooms and kitchenettes
• Reading cast away notes or closed business letters
• Appraisal interviews regarding holiday or debts
• Tape-recording of private discussions. This can result in financial fees and imprisonment up to 3 years
• Reading private mails, even with private mails have been prohibited. Generally, mails and page views may be traced and supervised
• Controlling phone calls on business trips beyond working hours
• Schufa information concerning creditworthiness

Tips, Checklist

• The worker´s council has to agree to video surveillance or computer-supervising software. Furthermore, the council has to agree on the duration of data storage and time of data deletion. If the council does not agree, supervision is impossible
• If there is concrete evidence that you are being supervised call on the worker´s council which will take care of your case and is able to file an action. An action for injunction by the employee can therefore be avoided. This is sensible as not to poison the relations between employer and employee
• If there is no worker´s council in your company, you should contact your boss directly
• Accept advices by unions and lawyers
• Be careful about complaints. This can be regarded as a breach of trust. You might receive your cancellation
• If you decide to complain, you may demand compensations for pain and suffering
• If employee deviance is discovered by illegal measures of supervision, these arguments may not be utilized. That is, possible calls to order or cancellation are invalid even in terms of thievery
• Talk to your colleagues about potentially illegal measures of supervision. Look for allies
• With cell phones, the current location of the employee can be determined due to GPS software. Usually this is done to answer customer´s requests as to when the employee is going to arrive at their company. Please be aware of the fact that this software might also supervise your route
• Briefcase inspections and body checks require the worker´s council´s agreement
• If there is evidence that an employee has handed in a doctor´s note but is working for a competitor, the employer is allowed to engage a detective
• Controlling working hours using time recording systems is valid. Supervision using finger scans require agreement by the worker´s council. Supervising smoking breaks or bathroom breaks is illegal
• If you are asked to supervise a colleague, you should reject that request. Furthermore you should contact your data protection officer or the worker´s council, if available
• Prohibitions concerning private phone calls, private e-mails or internet in private use have to be communicated clearly and in written form, e.g. by notice
• Respect your company´s regulations concerning private utilization of the company´s infrastructure during working hours. Otherwise you might receive calls to order or even a cancellation without notice

Last update: 06/22/2010