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Productivity , Home Office

Can the company monitor the employee?

21 de February de 2024 - 12h02m

Understand in this article if the company can monitor the employee, today there is no legislation that directly addresses this type of issue.

This means that the Brazilian legal system is based on several laws to reach a consensus based on common understanding, since there are no specific rules for this case.

However, to provide the correct legal support and to base ourselves on what needs to be understood, we will address what our Federal Constitution says, a tool used to support questions about the privacy of Brazilians in general.

In Article 5, item X, we have the definition of the importance of preserving individual privacy:

X - the privacy, private life, honor, and image of the individuals are inviolable, with the right to compensation for material or moral damage resulting from their violation".

However, it is understood that companies have the right to ensure the safety and health of their business and monitor the environments and people who carry out their activities.

So, monitoring can be done, as long as basic premises that do not infringe on rights guaranteed to citizens are observed.

 

The correct way to implement employee monitoring

We know that there are many excesses on the part of some organizations. There are those who are unaware of the limits of common sense and end up going beyond when implementing this type of action.

When this happens, employees work insecurely, don't feel comfortable performing their tasks, feel excessively controlled, and don't act naturally.

All of this directly influences the workflow in a little or not healthy way.

To avoid this problem in your organization, we have selected tips for an effective, intelligent, and more subtle monitoring project, minimizing embarrassment among workers.

Can the company monitor the employee?

 

Be transparent

It is the company's duty to inform all employees about the internal policies adopted and how monitoring is done.

If the company implements surveillance actions, this must be part of the organization's culture and seen as a natural activity.

Therefore, it is an action that must be discussed internally and aligned with the entire team through effective and clear communication.

In addition to this point, leaders do not talk about the need for monitoring transparently with employees, and therefore they start to feel uncomfortable and seek legal answers for this type of execution.

The situation can be avoided if the company has open communication as a premise and invests in appropriate training.

 

Establish surveillance conditions in the contract

The employee has the right to know when and in what way their work and actions are being monitored.

Therefore, this should be established in the contract so that both parties are not harmed in the future, especially the employer.

If the worker questions in court, for example, the company will have legal support that they have always been aware of the internal policy.

 

Use resources with common sense

Even though technological innovation makes our routine and activities more exposed - we are monitored on the streets, in public transportation, and in shopping centers - in your company, employees do not need to feel like they're in a Big Brother.

Cameras can be installed in strategic points of the company that do not attract too much attention.

Likewise, it is necessary to understand that employees are not robots. They have their individual needs that need to be respected.

Therefore, control must be done subtly and consciously so as not to appear as business dictation.

 

Instruct managers

Here, we assume that the top hierarchy of the company is aware of the importance of using monitoring and the information obtained from it wisely.

However, it may happen that not all area leaders have the same perception or common sense to deal with resources.

Therefore, it is important to provide training with instructions for managers to understand the particularities of each process adopted for employee monitoring.

This prevents them from adopting a posture misaligned with the company's culture and prevents labor processes.

 

 

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