Considerations on the conditions under which the employer may monitor their employees at the workplace

• Author: Monica Gheorghe
• Position: University of Sibiu, Romania
• Pages: 62-69

Considerations on the conditions under which the employer

may monitor their employees at the workplace

Associate professor Monica GHEORGHE

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Abstract

Recently, the European Court of Human Rights in the case Bărbulescu v. România

has ruled that the national courts did not ensure respect for the right to privacy in the

employment relationship of an employee who had been disciplinary dismissed for using the

internet and an IT application in the personal interest during the working hours, dismissal

which was based on evidence obtained after the employer had monitored the employee’s

electronic communications. The Court concluded that the national courts failed to strike a

fair balance between the employee’s right to private life at the workplace and the

employer’s right to supervise and control the work of his employees. Thus, the Court found

a violation of Article 8 of the European Convention of Human Rights. In its decision, the

Court specified the criteria to be applied by the national authorities in order to achieve a

balance between the rights of the two parties (employee-employers). The herein study aims

to briefly analyze the case and to establish the concrete elements that employers should

consider if they intend to monitor their employees in order not to violate their right to

private life at the workplace of the latter.

Keywords: employee, employer, privat life, monitor, labor law.

JEL Classification: K31

1. The Trial Bărbulescu v. Romania

Recently, on 5 September 2017, the judgment of the Grand Chamber of the

European Court of Human Rights in Bărbulescu v. Romania was published. This

decision altered the first solution adopted by the Court on 6 June 2016. The case

concerned the violation of Art. 8 of the European Convention on Human Rights

regarding the observance of the private life of the employee at the workplace,

respectively the observance of his correspondence.

In fact, the plaintiff, employed on a private-sector employer's job, was fired

because he used the internet network of the company he was employed during

working hours, in violation of the rules in the internal regulation prohibiting the use

of computers and other equipment of the unit for personal purposes. The employer

also issued an internal note alerting its employees that the use of personal

equipment by the employer is forbidden and that an employee has been fired as a

result of such an act. The employer monitored for a determined period the

correspondence carried on by the applicant on a private Yahoo Messenger account,

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Monica Gheorghe - Faculty of Law, „Lucian Blaga” University of Sibiu, Romania,

monica.gheorghe@ulbsibiu.ro