□ Zhang Shoukun, a trainee reporter of this newspaper
□ Our reporter Zhao Li
Recently, a company in Shenzhen has installed "one-to-one" surveillance cameras at each workstation, which has sparked heated discussions on the Internet.
The pictures posted on the Internet show that the camera can not only take pictures of employees, but also clearly take pictures of computer screens.
The company stated that the purpose of installing the camera is not to "anti-fish", but to worry that the game will be leaked before it is released.
Many netizens believe that the camera is always aimed at the workstation, and every move of the employees is "panorally monitored", which will violate personal privacy.
The "Rules of Law Daily" reporter found in the investigation that in reality, some employees of the company have experienced "surveillance", some through surveillance probes, some through mobile phone screenshots, and some through background monitoring.
Is there a legal basis for companies to "surveil" their employees?
How to remedy if employee rights are compromised?
In addition to all kinds of surveillance methods, what other ways can companies manage their employees better?
Around these issues, reporters conducted interviews.
Various means of monitoring
Prevent employees from doing their jobs properly
Recently, a netizen in Jiangsu wrote that the company issued a notice to ask the personnel department to check the usage time of employees’ mobile phones one by one after get off work.
The notice shows that after get off work, the personnel will check the usage time of the mobile phone screen.
The employees said that the personnel waited at the front desk before get off work, and asked their mobile phones to take pictures one by one. If the screen usage time was too short, they were required to take pictures of the battery power and software usage time.
The reporter combed and found that in recent years, the company has various monitoring methods for employees.
Early last year, a company in Hangzhou, Zhejiang Province distributed a batch of smart cushions to employees to monitor physical conditions such as heartbeat and breathing.
The company's personnel department also has the information that the employee is not at the station, and asks the employee "why are not at the station during working hours" through the data monitored by the smart seat cushion.
In November last year, a company's "Notice of Punishment for Violating Employee Code of Conduct" showed that after the company conducted a statistical investigation of non-work traffic information, it was found that some personnel were occupying the company's public network resources in the work area to engage in matters unrelated to work, such as playing games. Computer games, chatting online, listening to music, etc.
According to company regulations, 11 employees, including an outsourcer, were notified and punished.
In February this year, some netizens broke the news through social platforms that they were laid off after being interviewed by leaders because they submitted their resumes to recruitment websites during working hours.
It is understood that the company adopts a behavioral perception system that can help companies monitor employee sabotage and turnover risks.
Specifically, it can provide the details of employees with "resignation tendency", including the name of the employee, the position they belong to, and the number of times employees visit job search websites, chat keywords, and the times of resume delivery, etc., which can also be viewed through the system.
During the investigation, the reporter found that "employee monitoring" has become a business.
Some computer monitoring software system suppliers say their programs can know what employees are doing, limit what employees can't do, and can accurately count the time employees spend on each software or website each month.
Every movement of employees, including various chats, Internet records and file copies, can be monitored.
In addition, these monitoring software often include network management monitoring modules, which can remotely control employee computers through a local area network, and support remote monitoring of company operations through smartphones.
It is understood that these computer monitoring software charges ranging from 200 yuan to 400 yuan for each installation on a computer.
Why do these companies "go to great lengths" to understand their employees' every move during work?
Liu Shuaijun, a member of the Beijing Institute of Labor and Social Security Law and a lawyer from Yinghe Law Firm, told reporters that the company's monitoring of employees may be mainly for three reasons: to prevent employees from "doing their jobs properly" during working hours, such as using working hours to play games, chat, Content unrelated to work, such as shopping and watching movies; prevent employees from divulging business secrets, and prevent employees from leaking company documents and secrets by using storage media such as USB flash drives, e-mails, or chat software; prevent virus intrusion, such as employees using the company network to download some unknown sources Or software that carries viruses, it is easy to cause paralysis of the company network.
Workplace Installation Monitoring
Employee privacy rights must be protected
Can the company monitor employees during business hours?
"According to relevant laws and regulations, the workplace of employees is not a public place. The "Opinions on Strengthening the Construction of Social Security Prevention and Control System" pointed out that enterprises can install surveillance in the workplace, and it is not illegal for enterprises to install surveillance in the workplace. "Liu Shuaijun said.
So, how to judge whether workplace management is illegal?
Li Haiming, an associate professor at the Central University of Finance and Economics, believes that, first of all, it depends on whether there is a clear management basis. Enterprises should formulate management rules and regulations. Management without a basis is illegal management.
Second, management should be implemented with the consent of the employees.
Third, the content of management should be limited to matters directly related to work in the workplace and during working hours, and the content of management should not violate the law, especially the rights of employees conferred by the law.
According to Shen Jianfeng, Dean of the Law School of China Institute of Labor Relations, the main basis for judging whether workplace surveillance is legal is the Civil Code and the Personal Information Protection Law, the most important of which are the rules of informed consent and necessity.
According to the provisions of Article 13 of the Personal Information Protection Law, when "obtaining the consent of an individual" and "necessary for the conclusion and performance of a contract to which an individual is a party, or in accordance with legally formulated labor rules and regulations and legally signed collective contracts to implement labor force “Necessary for resource management” may collect personal information.
Violation of the above laws will infringe on the personal information rights and privacy rights of workers.
"It is worth noting that in labor relations, the consent of workers is often achieved through standard contracts, so it should be restricted by the rules of standard contracts in current law. The employer should make special instructions and reasonably determine the terms of collecting workers' information. Its content must not unduly infringe on the rights and interests of workers. That is to say, the consent of workers is their willingness to be rationally controlled, not just formal consent.” Shen Jianfeng said.
Collection of information should be reasonable
Fully respect the rights and interests of employees
On July 22 this year, female workers at a factory in Changzhou, Jiangsu reported that cameras were installed in the men's and women's locker rooms in the factory, and they were worried that their privacy would be leaked.
The employee said that it’s okay for men to be shirtless, and some female employees wear skirts in summer, but they don’t dare to change clothes in the locker room with cameras.
In response, the chairman of the company responded that the company provided the place for employees to change their work clothes to install cameras, mainly for anti-theft purposes.
Liu Shuaijun believes that under the premise of not infringing on the rights of employees, the company can install surveillance in the workplace, such as reception rooms, conference rooms, archives, personal offices, passages, corridors and other places and areas.
However, monitoring shall not be installed in employee dormitories, restrooms, public bathrooms, locker rooms, toilets and other places and parts that may reveal personal privacy.
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, when it involves the basic rights and interests of workers, it is not allowed to collect such information. In addition, employers should do a good job of Confidentiality and deletion of collected information to prevent information leakage, and the processing of information should not exceed the needs of employment management.”
"If employees believe that the company has installed cameras in violation of regulations, from the current point of view, since there is no law specifically protecting the rights and interests of workers' personal information in my country, when workers' personal information or privacy rights are infringed, they are mainly negotiated with the company or civil lawsuits. Protect rights and interests. In addition, you can also report to the department performing personal information protection duties according to the Personal Information Protection Law, and they will handle it.” Shen Jianfeng said.
How can we balance the relationship between enterprise management rights and employee privacy rights?
Li Haiming believes that companies should strengthen management and protect corporate interests through efficient management models, reasonable incentive mechanisms, and legitimate rights and interests boundaries.
It is a very difficult blocking mode to ensure that the business secrets of enterprises are not lost through monitoring. If an enterprise wants to protect its identified business secrets, it should be achieved through laws, contracts, and employee recognition.
“In-depth discussions can be conducted on a case-by-case basis to determine whether a certain surveillance exceeds the legal boundaries. For example, workplace surveillance cameras are located directly above the workstation, which will bring the employee’s private parts into the surveillance field, which may violate the employee’s privacy. The right to privacy may also constitute sexual harassment. At this time, it is necessary to clarify the rationality standard of the monitoring location, and to balance the right of enterprise management and the right of employee privacy.” Li Haiming said.