Afew days ago the Employee Control With draft of the implementing decree of the delegation on simplifications was publish. Which among other things provides in art. 23 the proposed amendment to article 4 of law no. 300 better known as the Workers’ Statute. For 45 years the law Macedonia Phone Number has governed whether. In what terms employers can use audiovisual systems. The applicability of the provision itself in particular of paragraph II which today obliges companies to. Reach a trade union agreement when they use control systems for production organizational or safety. But from which also derives the possibility of indirect control of the working activity.
Employee Control With Technologies Whats True
The application of the law currently in force Macedonia Phone Number designed at the time essentially to regulate the use of cameras,in recent years it has been the subject of some extremely interesting rulings by the Court of Cassation which has also extended its scope to a series of more recent control systems and equipment. Reference is madein particular to sentence no. Which sanctioned the applicability in the case in question of the obligation of a trade union agreement to an automatic access control system for a company car park to sentence no. 4375/2012 with which the Court of Cassation sanctioned the applicability of art. 4 paragraph II Statute of Workers to content filtering systems.
According to the Court of Cassation, in fact The Macedonia Phone Number computer programs that allow the monitoring of e-mail and Internet access are necessarily control devices when, due to their characteristics, they allow the employer to control remotely and in on an ongoing basis during the performance, the work activity and if the same is carried out in terms of diligence and correct fulfillment(if nothing else, in our case, from the point of view of compliance with company directives) “and this” is evident where in the dismissal letter the facts ascertained through the Super Scout program are used to accuse the worker of the violation of the duty of care sub specie of having used working time for personal purposes (and there is no reasoning instead of a particular dangerousness of the networking activity with respect to the need to protect company assets) “.