Each station is equipped with a camera?The "anti -touch fish" method should respect employee rights and interests

Original title: Workplace "surveillance" tricks, multi -employees' privacy leaks

Where is the boundary between "anti -touch fish" and convenient management

Recently, a company in Shenzhen installed the "one -on -one" monitoring camera on each station. Network pictures show that the camera can not only take employees, but also clearly take the computer screen screen.

The company stated that the purpose of installing the camera was not to "anti -touch fish", but to worry that the game would be leaked before it was released. Many netizens believe that the camera is at all times, and the employees' every move is "panoramic monitoring", which will invade personal privacy.

The reporter found in the survey that in reality, some companies did have encountered "monitoring". Some were monitoring probes, some were screenshots of mobile phones, and others were monitoring in background.

Does the company "surveillance" of employees can be rely on? How to relieve employee rights if they are damaged? In addition to the surveillance methods of various tricks, what other methods of the company can better manage employees? Focusing on these issues, the reporter interviewed.

Monitoring methods are all diverse

Prevent employees from doing business

Recently, a netizen in Jiangsu issued a statement that the company issued a notice to let the personnel department use the time to use the inspector's mobile phone after get off work. The notice shows that after get off work to check the use of mobile phone screens, the time to use the mobile phone to work is related to whether it can stay in the company. Employees said that the personnel were waiting at the front desk before get off work, and they had to take pictures on their mobile phones. The screen was too short to use the electricity and software.

The reporter sorted out and found that in recent years, the company's surveillance methods for employees have been gone.

At the beginning of last year, a company in Hangzhou, Zhejiang issued a group of smart cushions to employees to monitor physical conditions such as heartbeat and breathing. The company's personnel department also mastered the information of the employee's non -station, and asked the employees "why the working hours are not at the station" by data monitored by the intelligent cushion.

In November last year, a company's "Punishment Notice on Violations of the Standards for Organizations" showed that the company conducted statistical investigations on non -work traffic information and found that some personnel occupied the company's public network resources in the work area to engage in work. Computer games, online chat, listening to music, etc. According to the company's regulations, 11 employees (including one outsourcing staff) were reported and punished.

In February of this year, some netizens broke the news through social platforms because they delivered resumes to the recruitment website at work hours, and they were discussed by leaders after they were discussed. It is understood that the company uses a behavioral perception system that can help enterprises monitor employees' idle work and leave risk. Specifically, it can provide details that include employees' names and posts such as "departure tendency"; and employees can be seen through the system through the number of number of times, chat keywords, resume delivery times, etc., and can also be seen through this system.

During the investigation, the reporter found that "employee surveillance" has become a business.

Some computer monitoring software system suppliers said that their procedures can know what employees are doing, restricting what employees cannot do, and accurately count the time consumed by employees on each software or website. It can monitor every move including various chats, online records and file copying.

In addition, these monitoring software often contains network management monitoring modules, which can control employee computers through local area network remote programs and support remote monitoring companies through smartphones. It is understood that the computer monitoring software is taled from 200 yuan to 400 yuan for each installation on a computer.

Why do these companies "exhaust their minds" and understand every move during the work of employees?

Members of Beijing Labor and Social Security Law Society, Liu Shuaijun, a lawyer at the Law Firm, told reporters that the company's monitoring employees may be mainly based on three aspects: prevent employees from "do not do business" in working hours, such as playing games, chatting, chatting, chatting, chatting, chatting, chatting, chatting time. Shopping, watching movies, etc. have nothing to do with work; prevent employees from leaking business secrets, prevent employees from using U disks, emails and other storage media or chat software to leak the company's documents and secrets; prevent virus invasion, such as employees use the company's network to download some sources unknown. Or the software carrying the virus can easily cause the company's network paralysis.

Workplace installation monitoring

It is necessary to protect the privacy of employees

Can the company monitor employees at work?

"According to relevant laws and regulations, the workplace of employees does not belong to public places. The Opinions on Strengthening the Construction of Social Security Prevention and Control System pointed out that enterprises can install monitoring in the workplace, and enterprises do not violate the law in their workplace. "Liu Shuaijun said.

So, how to judge whether workplace management is illegal?

Li Haiming, an associate professor of the Central University of Finance and Economics, believes that first of all, it is necessary to see if there is a clear management basis. Enterprises should formulate management rules and regulations. Management without basis is illegal management. Secondly, the implementation of management should obtain the consent of the employees. Third, the management content should be limited to the workplace and the work of the workplace and work during the working time. The management content cannot violate the law, and especially cannot violate the employee rights assigned by the law.

According to Shen Jianfeng, the dean of the School of Labor Relations of the School of Labor Relations, the main basis for determining whether the monitoring of the workplace is currently determined whether the workplace monitoring is the civil code and the personal information protection law. The most important thing is the rules and necessity rules of the knowledge consent. According to the provisions of Article 13 of the Personal Information Protection Law, in the "obtaining personal consent" and "the contract must be established and fulfilled as a party as a party, or Personal information can be collected when resource management must be collected. If the above laws violate the above laws, they will infringe the personal information rights and privacy rights of the workers. "It is worth noting that in the labor relationship, the consent of the workers is often implemented through the format contract, so it should be limited by the current law on the rules of the format contract. The content must not excessively infringe the rights and interests of the workers. That is to say, the consent of the workers is to be controlled by reason, not just formal consent. "Shen Jianfeng said.

The collection information should be reasonable

Fully respect employee rights and interests

On July 22 this year, a female worker in Changzhou, Jiangsu, reported that the men's and women's dressing rooms in the factory were installed with cameras, and they were worried that privacy would be leaked. The employee said that men's shirtlessness was okay. Some female employees wore skirts in summer and did not dare to change clothes in the locker room with cameras.

In response, the company's chairman responded that the company's place where the company provided to employees did have a camera, which mainly played a anti -theft. The company also had a locker room for employees for shower, where the camera was not installed.

Liu Shuaijun believes that the company can install monitoring on the workplace without infringement of employees' rights, such as reception rooms, conference rooms, archives, personal offices, channels, corridors and other places and areas. However, it is not allowed to install and monitor other places and parts that may leak personal privacy in the employee dormitory, lounges, public bathrooms, dressing rooms, and bathrooms.

Shen Jianfeng said: "In the process of collecting information, we should pay attention to the balance of interests. Although some information is necessary for employment management, it is not possible to collect information when involving the basic rights and interests of workers. In addition, employers should do a good job of doing well The confidentiality and deletion of the collected information to prevent information from leaking, let alone processing the information needs to be processed. "

"If employees think that the company's illegal installation of the camera, from the current point of view, because my country does not specifically protect the rights and interests of the personal information of the workers, when the personal information or privacy rights of the workers are infringed, it is mainly through negotiation or civil lawsuit with the company or civil lawsuit. Maintaining rights and interests. In addition, you can also report to the departments that perform personal information protection responsibilities according to the personal information protection law, and deal with it. "Shen Jianfeng said.

How can we balance the relationship between corporate management rights and employees' privacy?

Li Haiming believes that the company should strengthen management through efficient management models, reasonable incentive mechanisms, and legal equity borders to protect the interests of enterprises. Monitoring to ensure that the business secrets of the enterprise are not lost, it is a very difficult -to -achieve blocking model. If the enterprise wants to protect its identified business secrets, it should be achieved through legal, contract, and employee recognition.

"You can conduct in -depth discussions on specific cases to clarify whether a certain monitoring is beyond the legal boundaries. For example, the camera of workplace monitoring is directly above the station, and the employee's privacy parts will be included in the monitoring field. This may violate the employee’s employee’s The right to privacy may also constitute sexual harassment. At this time, the rational standards of the monitoring position need to be clearly monitored to balance corporate management rights and employee privacy rights. "Li Haiming said. (Reporter Zhao Li Xuejue reporter Zhang Shoukun)

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