When employee monitoring is illegal?

If some years ago a third of US employers were using employee monitoring software, you can imagine that these days, considering the financial crisis, an increasing number of employers are using employee monitoring software to reduce malpractice within their companies but also to increase productivity.

But implementing this type of technology needs more than just an IT expert, because there are other things to consider like legal issues. The first think that you should do is to consult with a layer and ask for advice regarding the law within your country. These days there are only few countries that does not allow employee monitoring. As a general view, what each employer must do is to:

  • 1. Write an agreement and ask the employees to sign it
  • 2. Communicate your intention clearly to all your employees
  • 3. Specify the inappropriate uses
  • 4. Set out privacy rules
  • 5. Do not monitor the content but the application usage

Regarding the last issue, I want to underline the fact that monitoring the content (e-mails, documents, chat) it is still illegal in many countries. The accepted behavior is to monitor the applications’, the documents’, and the users’ name, together with the time when the activity was launched.

An important aspect is that an employer who will fail in placing a relevant policy within his company related to the monitoring activity, might get in serious problems with the law.

Whether you are an employer or an employee who works in a company that has already implemented a monitoring software, tell us how the things were going.

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