Last Updated on May 10, 2023
The National Employment Inspectorate has provided its staff with instructions regarding the issuing of authorisations for the installation of audio-visual equipment and other tools potentially enabling the monitoring of employees in the workplace.
This regulation reiterates in particular that the installation of company tools, other than work tools, that may be used to remotely monitor employees, must necessarily be sanctioned by a union agreement in advance and, only if an agreement cannot be reached (or in the absence of Works Councils), employers may apply for an authorisation at the Inspectorate. Employers must declare, in the application, that there are no Works Council or provide documentation proving that no agreement has been reached.
In no case may the individual consent of the worker, even if informed, replace the union agreement or the Inspectorate’s authorisation.
The INL then specifies that, although Article 4 of the Workers’ Statute is, in general, applicable only where there are employees in force at the time of the application, companies in the process of incorporation and those already operating but without staff, which intend to proceed with new hires, may request the authorisation prior to the employees joining the company.
With regard to geolocation systems, the INL recalls the principles already expressed by the GDPR, such as the prohibition of permanent monitoring of employees, the need to disable the device during breaks and outside working hours, the processing of personal data by means of pseudonymisation (use of data that do not directly identify the person) and the storage of such data only if necessary and for a period proportionate to the purposes for which the tools are deemed to be lawful (i.e. organisational and production needs, safety at work or the protection of company assets).
Finally, the INL considers the procedures set out in above-mentioned article 4 also applicable to types of contracts other than employment contracts such as hetero-organised collaborations and services rendered by self-employed workers through digital platforms, albeit using a questionable legal argument.
This measure confirms the centrality and delicacy of the issue of remote monitoring of employees. It is therefore essential that companies adopt all the measures required by the legislation, such as:
– internal procedures containing a detailed description of how the monitoring is used and carried out through work and non-work tools, which may lead to remote monitoring of work activity;
– stipulation of collective bargaining agreements or, failing that, a request for authorisation by the Inspectorate in accordance with the guidelines provided by it.
Our law firm has years of experience and specific skills as regards the employment law and privacy implications of monitoring of employees and is ready to support you in the correct implementation of the legal provisions.
For further information: comunicazione@toffolettodeluca.it
