Is workplace behavior monitored in real time and employees being infringed?
Since I cant afford to raise this Great Buddha here, youd better find another one.
Three months ago, Yang Bing was abruptly dismissed by the company. Later, he learned that the company had purchased workplace monitoring software. He threw out his resume at the front foot and the boss at the back received a letter of informing. He believed that the enterprise violated its privacy and applied for arbitration at the Labor and Personnel Arbitration Court of Ganjingzi District, Dalian City, Liaoning Province, but his claim was not supported.
Workplace monitoring software is a software system that monitors and analyses the network behavior of employees, or real-time monitors the computers in the local area network. In recent years, companies in big data-related industries have grown everywhere, and the development and application of workplace monitoring software is one of them, especially rapidly. In the face of monitoring software, business owners believe that all-round penetration of employees is conducive to strengthening management, while employees believe that privacy has been violated.
Staff Tucao: its like taking a bath and being peek.
Yang Bing works as an operation director in a brand coffee company in Dalian, earning 8000 yuan a month. Three months ago, two third-party scientists and technicians installed a monitoring software called Wise Eye on 54 employeescomputers. Upon hearing from colleagues, the salary of other companies in the same position has risen to 15,000 yuan per month. Yang Bing updated his resume in the lunch break and dropped in a copy. What he did not expect was that Wei eye was so powerful that he was expelled in half an hour.
The arbitration court did not support Yang Bings ruling on the basis that, in accordance with Article 8 of the Provisions on Technical Measures for Internet Security Protection, Internet access units can record and retain the Internet network addresses used by users, record and track the operation status of the network, monitor and record network security incidents in order to implement network security protection measures. Therefore, it is lawful for the company to use monitoring software in the workplace.
Office video surveillance, the boss carelessly watching the computer screen, sharing real-time location check posts...... In addition to these primary level monitoring means, more and more enterprises use monitoring software. Reporters searched the Internet for keywords such as enterprise monitoring software and found hundreds of advertisements, the best solution to restrict employeesmicro-blogging at work, employees want to leave the boss to be a prophet...
Reporters published a survey in a workplace forum. Of 64 netizens involved, 97% believed that unit monitoring violated privacy. 94% of netizens said they would resort to law if privacy was leaked or publicly affected.
Check out a courier on Taobao, and make a dinner appointment with your colleagues near noon. Is it necessary to monitor this content? Everyone is for work, even if there are a couple of personal topics, this is normal. Being monitored is like being peeked and bathed! Jiang Zian, a software development company employee in Dalian, said.
Although many employees believe that the use of workplace monitoring software infringes on their privacy, in judicial practice, it is difficult for the supervised employees to sue the enterprise. Wang Jinhai, a lawyer at Qingsong Law Firm in Liaoning Province, explained that the right to privacy is a personal right enjoyed by individuals to live in peace and to protect their private information according to law and not to be illegally intruded, informed, collected, utilized and made public by others. The company stipulates that employees are not allowed to do things unrelated to their work, and clearly informs them that their violations are not protected by law.
The company says: workplace transparency is for business interests.
HR is a commodity trading center where Jinling is located. It is one of the monitoring software companies. Because of the need of work, the company can not shield employees from searching for information on the Internet, so through the way of background monitoring to understand the work situation of employees.
At 9:00 on October 25, the reporter appointed Jinlings account and found 268 employees. The number of people who spent more than one hour online the previous day (considered idle) was 12, and the average idle time was 302 minutes. Employees sent out information through 90926 different kinds of software for 3 times, suspected to disclose information. There were 23 people with turnover intention, among whom Liu Juan and others ranked the top five.
Every trace of the Internet has been preserved, and even an employee recently suffered from hemorrhoids. You know what special drugs they are looking for. Ren Jinling said. Next, her job is to warn the idlers, check what each message sent frequently by three people is and whether it is confidential; talk to Liu Juan and others, disloyal and resolute persuasion to retreat.
There are too many employees who are leaving without greeting and lazy workers. Ren Jinling agrees to use the monitoring system, the calculation of the workload of employees is also fair. Its unfair for you to spend five hours shopping online, three hours fooling around with tasks and paying the same amount of money as an employee who spends eight hours working. With monitoring, how much can remind employees to work less hours and do something else?
Enterprises spend more than 100,000 yuan a year not to explore the privacy of employees, but for the benefit of enterprises, in advance to perceive the internal risks of the organization. Tang Shoujun, director of information management center of a sports goods production and sales enterprise in Liaoning, said. An accident led Tang Shoujuns company to start monitoring employees. Three years ago, he found that the companys customer reports were actually sold in a forum, and then talked to several employees. Later, Tang Shoujun asked people who know how to detect, and found that it was in the process of staff transmission, hackers cracked passwords and sold them to peers through the network. So the company installed a monitoring system to monitor the use of computers.
Expert analysis: good use of technology can optimize workplace ecology.
Last November, Peng Xiaochun, after enduring a year long job monitoring, chose to leave. Colleagues have become morbid, preferring to stare at the screen in a short circuit rather than go to the corridor for a breathable chat.
Hu Mei, a state-level psychological consultant, told reporters that the long-term depressive workplace environment is not conducive to the work of employees. Most companies do not use monitored information to make articles, but as long as there is a misunderstanding, employees will be very conflicted. Hu Mei said, I have a patient who accidentally clicked into a shopping promotion advertisement when inquiring about customer information and forgot to close it. The result shows that she browsed the shopping website for more than three hours in the background. Although the video surveillance was sent out and explained afterwards, she had a knotty problem under the long-term surveillance and finally resigned.
Wang Lei, director of the Institute of Sociology of the Liaoning Academy of Social Sciences, believes that the best use of technology can optimize workplace ecology. It is undeniable that the progress of science and technology, real-time background monitoring enables enterprises to improve their operational efficiency. However, it is still unclear which personal information enterprises can monitor and use and which can not be leaked and used.
Some enterprises break through workplace ethics and social ethics, and use technology to steal and steal information of employeesnon-working hours for sale occasionally. This is a new topic of personal information protection in the era of big data. Wang Lei said.
Wang Jinhai suggested that the state promulgate relevant laws and regulations as soon as possible, clarify the scope of personal information collected by enterprises, standardize the way of using personal information, and optimize the network environment. (Yang Bing and Liu Juan are aliases)
These are monitoring, but not necessarily infringing.
1. get attendance by attendance machine.
2. install surveillance cameras in office area. This way can prevent some illegal activities.
3. Voice recording, understand the salesmans voice skills and customer service, or prevent the companys internal technical information leakage.
4. install GPS terminal on the employees mobile phone to locate.
5. install monitoring software to master employees use of computers.
Do these actions constitute infringement? Labor law experts say there are different interpretations of the law for all kinds of workplace monitoring practices. An important factor in determining whether or not to infringe upon privacy is whether to inform in advance. If an enterprise installs cameras in public places and informs employees in writing, it is not an infringement of personal privacy; it is illegal to install cameras in non-public places, search employees, search articles, monitor private mobile phones and locate private mobile phones. The issue of chat record monitoring has always been controversial. The industrys view is that as long as the company clearly reiterates that the companys computers can only be used for work, and informs employees that the company has monitoring departments to monitor chat records at any time, please do not disseminate information belonging to personal privacy through the companys computers, it will not constitute infringement. Source: workers daily editor: Shi Jianlei _NBJ11331
Do these actions constitute infringement? Labor law experts say there are different interpretations of the law for all kinds of workplace monitoring practices. An important factor in determining whether or not to infringe upon privacy is whether to inform in advance.
If an enterprise installs cameras in public places and informs employees in writing, it is not an infringement of personal privacy; it is illegal to install cameras in non-public places, search employees, search articles, monitor private mobile phones and locate private mobile phones. The issue of chat record monitoring has always been controversial. The industrys view is that as long as the company clearly reiterates that the companys computers can only be used for work, and informs employees that the company has monitoring departments to monitor chat records at any time, please do not disseminate information belonging to personal privacy through the companys computers, it will not constitute infringement.