Almost two months have passed since the regulation that forces companies to register the workday of their workers came into force. But, despite the guide published by Work and of the time that has had to land it, the norm continues causing many headaches to the companies, that to a great extent do not know in what terms to apply it. In this context, professional services firms have been organizing private meetings with a good number of their clients for weeks. advise in this field. One of the latest has been EY, which has brought together several representatives of different companies to analyze how certain digital issues affect the work.
The registry, in the opinion of Raúl García, managing partner of the labor area of EY, has uncovered in a certain way the thunder of the schedule and the time of work. "The regulation requires the organization to record the length of the day. So many entrepreneurs are Looking for formulas to make sure that working time is really effective" For this there are, for example, digital tools that monitor what happens on each computer. But there are also mechanisms, such as video surveillance or geolocation, which increasingly call the attention of companies. Amazon, in fact, came to use a controversial bracelet that tracked the location of their workers at all times to make sure they were in their position.
First of all, Garcia continues, we must understand that one thing is video surveillance and another is the control of the day. "They are two distinct spheres that must be understood individually, but that can converge on some issues." One, with all its limits, is a right of the entrepreneur. The other is a mandatory regulation that does not include the formulas that the manager has to ensure that the day is effective. For this reason, adds Blanca Escribano, member of the area digital law of EY, "each company should look for the legal methods that it creates most convenient. No business is the same as another, so these mechanisms should be adapted to each case. "
Video surveillance and monitoring. It is one of the possible formulas that most seduce businessmen, as well as the recording of sounds in the office. However, the experts recall, its implementation is not entirely easy, since a series of requirements must be met to be able to get going. On the one hand, there must be a justified need, "Legitimated and with a legal basis," Garcia continues. But the principles of Proportionality and suitability, "So not everything goes". In addition, the company is obliged to communicate to the workers and their representatives the installation of these tools, as well as the specific purpose for which they have been placed. "There are more guarantees, such as the prohibition to use them in rest or recreation areas." In data protection, Scribe summarizes, there is usually tension with other rights, so although the method is feasible it is not always easy to calibrate the balance.
Where there is a gap to which companies can cling more easily is in security. In certain sectors, especially those related to manufacturing and industrial environments, prevention is usually one of the points that open doors to methods that a priori clash with the right to privacy. Despite this, jurists remember, it is not always easy to use it to monitor the effectiveness of the day. "The ability to surprise workers through cameras is clearly limited," says García.
Geolocation. It is a method that, in the opinion of Escribano, will have more and more weight due to technological advances and the tools provided by the company, "from the mobile phone to the company car". As in the case of camcorders, proportionality and fitness rights apply here, and employees must also be informed of their adoption. In addition, continues the expert, you can not impose a control of the activity beyond the day, and the entrepreneur must be proactive to inform the worker about any details. "These would be the only limits."
However, lawyers remember, and despite the legal limits that allow companies to resort to these formulas in certain cases, we must take into account that labor relations are based on trust between company and employee. And that these methods do not always have the expected results.
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