- Phase
- Labour Constitution Act (ArbVG)
- Native name
- Arbeitsverfassungsgesetz (ArbVG)
- Type
- Employee monitoring and surveillance
- Added to database
- 24 October 2023
Description
Video surveillance interferes with the fundamental rights to data protection and privacy. § 96 ArbVG regulates the necessity of the works council's consent when introducing control measures and technical systems for controlling employees, provided that these measures (systems) affect human dignity, in order for them to be legally effective. Without the conclusion of a corresponding work agreement, the use of such systems is against the law and the control devices must be removed by the employer.
Companies with works council
Control measures such as video surveillance at the workplace, GPS tracking of field staff or the recording of work performance by machines or work equipment, may only be used if the the owner of the company has reached a works agreement on the matter with works council. Otherwise, the control measure is against the law and the systems must be removed by the employer.
Companies without works council
In companies without a works council, such control measures may only be carried out with the consent of the individual employees. The consent should be given in writing and can be revoked at any time. It is possible to agree on a time limit.
For video surveillance to be possible, there must be a legitimate interest of the person responsible in the individual case that outweighs that of the person affected. In addition, the surveillance must also be proportionate in the individual case and no lesser measures may be possible.
Video surveillance does not have to be notified to the data protection authority, but it does have to be entered in the register of processing activities.
The General Data Protection Regulation explicitly states that persons whose personal data are processed must be informed about this. In addition, every employee has the right to information about the specific data held about him or her, about its origin, its links with other data and about any transfers.
Citation
Eurofound (2023), Austria: Employee monitoring and surveillance, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/austria