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Juan Tomas Rodríguez Arano, Lawyer and Professor of Labor Law, University of Navarra, Spain

Workers spied on

Sun, 22 Apr 2012 14:10:17 +0000 Published in Regionals of group Vocento

I would like to contribute to distinguish between the School business to adopt the most appropriate measures of control and surveillance in order to verify compliance by its workers of their obligations and labor duties (article 20.3 of the Workers' Statute), and between the use of means that allow access to information affecting the intimate and family life of their workers.

In labor relations both parties are governed by the principle of good faith, being considered as a serious and culpable breach, which leads to disciplinary dismissal, the transgression of contractual good faith and breach of trust in the performance of work.

In the search for such conduct subject to sanction, the employer must use those measures that are justified, suitable for the intended purpose, necessary and balanced, and that do not violate the right to privacy staff and family, and the self-image of its employees; as determined by the Constitutional Court (Ruling 186/2000, of July 10), the measure adopted by the company (recording of images, monitoring by private detectives, etc), must be justified, based on reasonable and real indications; it must be suitable for the intended purpose (reasonable suspicion of theft, pretence of medical leave , harassment at work, etc), necessary (for the purpose of proving the reproachable conduct), and balanced, (i.e., not persistent or permanent).

As can be deduced, the dividing line between the company's Schools control and surveillance of workers and their right to privacy is not a peaceful issue and requires the company to use human and technical means within the parameters just mentioned, and, of course, always with respect to conduct that contravenes the obligations arising from the contract of work; but the duty of good contractual faith affects both parties to the contract.

Finally, I would like to state my opinion that incorporating the "GPS" to the vehicle of employee, is not appropriate if he uses his own vehicle for his work, except with his express consent, and, if the vehicle is owned by business , it requires prior warning to the person who uses the vehicle of business for his daily work .

In any case, all the controversy raised in this regard, is only characteristic of the human condition, as Balzac would say. Of course, the foregoing is merely an opinion, the purpose of which is to provide a legal touch to the controversy raised on labor "espionage".