On November 26th, 2014 Greiter Pegger Kofler & Partners hosted a presentation at the Grand Hotel Europa in Innsbruck titled “Monitoring Staff in the Workplace – What an Employer Is and Isn’t Allowed to Do”.
Lawyers Mag. Melanie Gassler-Tischlinger. LL.M. and Dr. Herwig Frei, both specialised in labour law, presented actual individual cases.
For example, an employer isn’t – or generally isn’t – allowed to:
- frisk employees or search their bags or handbags because they may have stolen something
- ask employees to open the boot of their cars
- film employees secretly, i.e. without them being aware of it
- film employees permanently
- have employees observed by detectives without specific grounds
- fit one way glass panes (which can only been seen through from one side) so that employees can be observed
- install access control systems without the consent of the workers’ council which always show exactly where an employee is at work
- consistently record and check which employees have surfed which sites on the internet
- read employees’ personal emails
- listen to, record or intercept employees’ personal or work phone calls
- check on employees by calling on them at home
- tell an employee to take an alcohol test
- fit video surveillance as protection against theft or for security reasons without the consent of the workers’ council
- install biometric time recording systems such as fingerprint scanners without the consent of the workers’ council
- systematically and comprehensively monitor employees on sick leave through other employees or detectives without the consent of the workers’ council
- install positioning software on field staff’s work cell phone without the consent of the workers’ council, so that they can be located at all times
- install software to for the total monitoring or an employees’ computer
- install video cameras in toilets, changing rooms or washrooms
The presentation was very well attended and numerous employers, labour representatives and legal practitioners filled the Grand Hotel Europa’s Baroque Hall.