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Monitoring of Employees and its Methods
Zůnová, Petra ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis intends to offer a balanced legal standpoint on monitoring of employees from the point of view of employer's rights and interests protected by law as well as from the point of view of employees' right to privacy. The surveillance of employees is governed especially by Section 316 (1) through (3) of the Labour Code1 . However, in case personal data of employees are processed within such monitoring, the personal data protection regulation must be applied as well. This thesis distinguishes between a so-called one-time or random inspection of employees performed within the meaning of Section 316 (1) of the Labour Code for the purpose of checking their observance of ban on using the employer's production and working tools for personal purposes and between continuous monitoring performed under Section 316 (2) of the Labour Code. At the same time, it is necessary to assess whether the employees' personal data are processed as well. Therefore, in practice, four different types of inspections/surveillance of employees have to be distinguished, each of them being governed by slightly different regulation. Currently, the personal data protection regulation is undergoing the most significant changes in the last more than 20 years; on 25 May 2018, GDPR2 enters into force. This regulation will...
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Personal rights of employees
Pour, Zdeněk ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
73 Abstract Thesis title: Personal rights of employees This thesis deals with personal rights of employees, particularly it aims at issues associated with privacy rights, secrecy of correspondence and personal data protection. It is a very relevant and dynamically developing branch of labour law linked to the development and expansion of the application of modern communication technologies in all areas of human activity. The thesis itself consists of four main chapters. The first chapter discusses personal rights of employees as a category of basic human rights. It analyzes elements from which the personality rights consist of, i.e. which partial rights are included and what are their relations with each other. Simultaneously, this chapter examines all of the main relevant laws, which apply on the issue in question, in descending order determined by their legal force. The aim of the second chapter is to analyze section 316 of the Labour Code which is the main provision that governs monitoring of employees at work, particularly its admissibility, conditions and information duties of an employer. This chapter also deals with the interpretation of the admissibility or inadmissibility of concealed surveillance and the weakness of the current legislation which is caused by the lack of sanctions for breach of...
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