Employee monitoring

What it means

Employee monitoring is any tracking of staff activity by the employer: cameras at the workplace, checks on work email and internet use, GPS in company cars, call recording, screen capture or a biometric attendance system. It intrudes on employees’ privacy, which is why the law restricts it.

The Labour Code allows an employer to introduce a monitoring mechanism only where it has serious reasons arising from the particular nature of its business. The scope, method and duration must be discussed with employee representatives and staff informed in advance.

It is also processing of personal data under GDPR. The employer needs a legal basis, typically legitimate interest, must respect data minimisation and proportionality and must meet the duty to inform.

How it works in practice

Before introducing monitoring, we recommend stating the reason in writing, such as protecting property, safety or evidencing mileage for tax, and considering whether a less intrusive measure would achieve it. That proportionality test is the foundation in both an inspection and a dispute.

With GPS in company cars, a common compromise is tracking only during working hours or letting the driver switch to private mode. The data also underpin the mileage log, which is a legitimate purpose.

With work email, the employer may check that the rules are followed but may not read private messages without reason. A clear policy on whether private use is allowed and information on how checks are made prevent most disputes.

What to watch out for

The most common mistake is introducing monitoring secretly or without consultation. Records obtained that way may be unusable as evidence, and the employer risks fines from both the labour inspectorate and the data protection authority.

The second risk is excess: continuous screen capture, audio recording in the office or tracking location outside working hours. Such measures almost never pass the proportionality test and damage trust within the team.