Guide of Labour Consultants on measures distance monitoring of workers Jobs Act : focus on new options for monitoring and use of the information collected.
The analysis of Labour Consultants on remote monitoring of workers as well as reformed by the Jobs Act. is contained in the circular 20/2015 of Foundation Studies of the professional association, with the precise indication of the change from the old regulatory framework in terms of monitoring tools and constraints of privacy.
= & gt; Control employees: the new rules
union agreement
The article 23 of Decree No. 151/2015 (Rationalisation and simplification of procedures and obligations for citizens and businesses) implementing the Jobs Act, amends Article 4 of the Statute of Workers but generally confirms the founding principles: audiovisual equipment and other tools of remote control can be installed:
‘exclusively for organizational and productive, to job security and protection of corporate assets, “and in any case on the basis of specific union agreement .
= & gt; Jobs Act: more space to the remote control
In practice, explain the Labour Consultants:
“the dignity and privacy of the employee which remain rights whose protection is primary, to reconcile with the production needs and organizational or job security. “
Control plants
In fact, a major change from the previous rule is that now, in addition to the objective requirements for the installation of audiovisual equipment or remote control plus the needs of protection of corporate assets . It is therefore of the defensive controls , direct finding of misconduct other than mere non-performance of work performance: the law in fact implements a jurisprudence stated in several rulings.
= & gt; Control employees: legal instruments
For installation, however, remains confirmed the obligation of union agreement or authorization of the Territorial Directorate of Labour responsible, at the request of the company.
Locations detached
A new operational concerns the case of the ‘company with several production units in different provinces or regions, in which case you need an agreement with national trade unions or the authorization of the Ministry of Labour. Comment the Labour Consultants:
“This introduction is designed to address the critical issues represented by the previous law that, in the absence of specific guidance, required the use of different local unions or administrative. “
Office
The real novelty of the decree concern the complete exclusion from the criteria described above in the case of tools used from worker to make job performance (such as PC or smartphone) and those for recording access and presence : in these cases the installation is free and does not require union agreement.
This exception “is strictly limited to those instruments that directly serve the worker to fulfill the tasks assigned,” for which:
“ do not need any agreement or authorization Prior, and installation or facility by the employee is in itself legitimate, met the requirements of the law.”
Using data
This makes it possible to gain information on the working activity , susceptible to feedback even under the disciplinary . And ‘one of the nodes of the most complex and controversial decree. For Labour Consultants, under the third and last paragraph of the new Article 4 of the Statute, the information gathered as a result of the installation of a legitimate facility can be used for any purpose related to employment (also for the relief of a disciplinary nature). The employee must still be given adequate information on the mode of use by the company of technological tools and conduct of inspections, and observe the privacy code .
= & gt; Nothing control employees on Skype
We recall here a position of Ministry of Labour , which made it clear: if the PC or the smartphone or the working tool provided to the employee is changed (for example, with the installation of the appropriate software localization or filtering ) to control the worker, it protrudes from the scope of the provision because
“from the instrument used to make the employee performance pc, tablet or mobile phone become tools that serve the employer to check the performance”
As a result, in these cases must intervene the stakes related to the control instruments: recurrence of special needs, the union agreement or authorization.
Source: circular Labour Consultants
‘; // // END SEX START YEAR OF BIRTH second_form + = ‘
Year: ‘; second_form + = ‘
‘; // // START YEAR OF BIRTH PROVINCE second_form + = ‘
Province: ‘; second_form + = ‘
‘; // END // PROVINCE START PROFESSION second_form + = ‘
Profession: ‘; second_form + = ‘
‘; // // END OCCUPATION START QUALIFICATION second_form + = ‘
No comments:
Post a Comment