
An employer in a jewelry store after the missing of goods has ordered to check the contents of
employees’ bags. But how lawful is this? Illustrative photo. Photo: Merilin Maarits
A employer at a jewelry store after the missing
of stuff directed to check the containment of employees’ bags. But how lawful is this ?”
“I work at a jewelry store, and we have a necklace missing. At the end of the work day the employer ordered that the security guards check the bag of all employees before leaving. ” Is this requirement legal?” the employee questioned.
Answers Vladimir Logachev, leading lawyer-consultant of the Inspection of Labor:
Employer and employee are obliged to fulfill their duties in good faith and respectfully, without offending the rights of the other party. Employer shall respect the private life of the employee and provide inspections of the performance of work duties in a way that doesn’t violate their basic rights.
Checking of cabinets or bags of employees must be provided internal rules of employee labor rules, as such checking is the processing of personal data. At the same time, the right of the employee to privacy of private life should be taken into account. For example, the contents of a cabinet or bag can indicate personal habits, health issues, relationships or other aspects of private life.Such measures may affect the right to respect human dignity.
The employer has the rightestablish rules of behavior at the workplace, about the use of their property and the work environment. But secret secret searching of the personal personal belongings of employees is prohibited – personal belongings should not be seen without the knowledge of the owner.
While the employer has the right to inspect the owner’s premises, as he is responsible for ensuring that the workplace is compliant with labor safety requirements.
The employer must consider the proportionality of the supervision method chosen. If the objective, for example, protecting property, could be achieved in a way that requires less intervention, then the inspection of cabinets or bags of employees may be deemed disproportionate and unacceptable.
The European Council on data protection in its recommendations has noted that the processing of personal data in employment relations is usually unacceptable even with the consent of the employee. Such consent must be voluntary, but in the labor relationship the equality of parties is absent. The employee is inaweakerpositionincomparisonwiththeemployer,whichmakesthevoluntarinessofthisagreementdoubtful.
Iftheemployerviolatestheirobligations,for example,failstorespecttheemployee’srighttoprivatelifeorconductsinvestigations,infringes ontheirbasicrights,theemployeemayfirststepistosendawarning totheemployer.Initshoulddescribetheoffense,indicatewhatbehaviorisexpectedinthefuture,andprovideareasonabletimetocorrecttheoffense.IfanyunlawfulprocessingofpersonaldatatheemployeemayreporttotheInspectorateforData Protection.