- Phase
- Employee monitoring and surveillance
- Native name
- Monitorování a dohled nad zaměstnanci
- Type
- Employee monitoring and surveillance
- Added to database
- 25 October 2023
Article
Act No. 89/2012, Coll. Civil Code, §84 to §90
Act No. 262/2006, Coll. Labour Code, § 316
Act No. 101/2000, Coll. Law on Protection of Personal Data
Act No. 251/2005, Coll. on labour inspection
Charter of Fundamental Rights and Freedoms
Description
The protection of employee privacy is mainly regulated by the Civil Code (Act No. 89/2012 Coll.), and then the Labour Code (Act No. 262/2006 Coll.), which regulates the property interests of the employer and the protection of the basic personal rights of the employee. Privacy protection is also regulated by the Personal Data Protection Act (Act No. 101/2000 Coll.). The protection of correspondence is guaranteed by the Charter of Fundamental Rights and Freedoms. Provision § 316 of the Labour Code provides an exhaustive list of ways that the law considers to be violations of the privacy of employees. This includes open or covert monitoring, listening and recording of the employee's telephone calls, checking e-mail or checking letters addressed to the employee.
The mentioned methods of monitoring employees can be considered legal only if the employer has serious reasons for their implementation related to his activity. At the same time, in this case, the law imposes an obligation on the employer to inform the employee about the introduction of these measures. Other ways, not mentioned in the law, are not a violation of labour regulations, provided that the control is carried out for all employees in the same way and to a similar extent. e.g. monitoring the movement of a company vehicle via GPS is not an invasion of privacy.
Citation
Eurofound (2023), Czechia: Employee monitoring and surveillance, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/czechia