Three Questions About Computer Monitoring Of Employees' Work Computer

Q: can employers punish or even expel employees on the grounds that they use their company computers to handle personal affairs or engage in other entertainment at work time?

Answer: labor relations take into account both personal and property.

The laborer pays his employer's remuneration by pferring his labor.

Therefore, in 8 hours of work hours, workers should actively participate in the work, do their best to complete the tasks assigned by the employing units, and create profits for the employing units.

Nowadays, some employees use their computers to handle personal affairs or chat online, online shopping and other irrelevant behaviors at work time.

Whether the employer can punish it or even terminate the labor contract? First of all, it is necessary to see whether the rules and regulations of the employing units stipulate that the above acts are disciplinary actions. If the rules and regulations have such provisions, they can be carried out according to the rules and regulations.

Of course, we need to pay attention to the legitimacy and rationality of the contents of the rules and regulations.

If the employer's rules and regulations do not specify the situation, then it is necessary to determine whether the employee's behavior is against professional ethics and public order and good morals.

Q: is it possible for employers to monitor their computer or office activities when employees are unaware?

Answer: we tend to think that

For employees at work time

Monitoring can also be installed in the public area of the office to install cameras.

As mentioned earlier, the laborer will pfer his 8 hours to the employer.

8 hours should be devoted to work, and the only use of computers is to work.

Therefore, there is no violation of privacy in the employer's work computer monitoring. Unless employees use personal computers to handle personal affairs, there will be privacy violations.

However, we suggest that the employer explain the situation to the employees in advance, so as to achieve the goal of "giving priority to the army before it is done".

Q: if employees find that their computers and behaviors are monitored by the company, can they claim their rights?

Answer: if the employer monitors the personal computer of the employee or is in the company.

The installation of cameras (such as toilets and locker rooms) is a violation of employee privacy.

The employee may bring a civil action to the people's Court on the infringement of the employer.

The second provision of the tort liability law stipulates: "infringement of civil rights and interests shall be subject to tort liability in accordance with this law.

The civil rights and interests mentioned in this Law include the right to life, the right to health, the right to name, the right to reputation, the right to honor, the right to portrait, the right to privacy, the right of marriage, the right of guardianship, the ownership, the usufructuary right, the security interest, the copyright, the patent right, the exclusive right to trademark, the right to discovery, the right to share, the right of succession, and the property rights and interests.

The third rule: "the infringed has the right to request the infringer to bear tort liability."

Therefore, the employee may bring a civil action to the people's Court on the infringing act of the employer.