Monitoring employees, including their time and work hours, is a right afforded to employers. This practice can benefit both the company and its employees, particularly in cases of overtime. However, employee monitoring must adhere to specific regulations and respect the privacy and personal data of employees. Time and attendance software can be a valuable tool in exercising employer rights while respecting team members' rights.
Employers have the right to monitor employees within the scope of their work activities during working hours. However, fundamental rights and individual liberties must be respected at all times and in all places, as stated in labor codes. Specifically, restrictions on individual and collective rights and freedoms must be justified by the nature of the task and proportionate to the intended goal.
Therefore, any monitoring system implemented must be justified by the nature of the tasks:
The implementation of a monitoring system must also be proportionate to the objective.
"Everyone has the right to respect for their private life," as stated in civil codes. An employer cannot intrude on an employee's private life and anything unrelated to the performance of their employment contract. This rule applies to an employee's personal life and their workplace. For example, an employer cannot access physical or virtual documents marked "personal," even if they are within the company or on a company-hosted PC. Employee privacy within the company is off-limits to the employer, provided it does not harm the company.
Employees must always be informed of the implementation of a monitoring system. This prior information can be provided through various means: notice board, email, mail, intranet note, etc.
If employee monitoring involves collecting personal data, each employee must be informed with specific details (purpose, legal framework, data recipient and retention period, etc.). In this case, it is also necessary to make a prior declaration to the relevant data protection authority.
Monitoring employee activity, including working time, is beneficial for both the employer and the employee. According to their contract, employees must work a certain number of hours for their employer, who has the right to ensure these hours are worked. Monitoring work hours also benefits employees, especially regarding overtime. A monitoring system ensures that extra hours are properly recorded and compensated.
Labor laws often specify that employers must indicate how employee hours are recorded. In case of inspection, they must account for the hours worked by employees. For this purpose, they can use time tracking tools, such as a time clock system or software that counts user connection times and durations. These monitoring solutions are subject to specific rules and must be implemented correctly.
When using a tool to monitor employee hours and working time, employers are subject to strict obligations.
Regarding personal data protection, the law specifies data retention periods. Data concerning access to company premises must be deleted three months after recording, and data concerning working time tracking can be kept for a maximum of five years.
Before implementing a monitoring system, employee representatives must be consulted. Once the decision is made, all employees must be informed of the upcoming measures. Regardless of the information dissemination method, it must indicate:
Data collected from working time monitoring must be secured. Access should be restricted, authorized, and secured.
