IT LAW | Reading Time 2 min

Employees Remote Monitoring and Control

Diego Ganeo, 1/25/2021

The need of the employer to control the work of the worker is an issue whose origins can historically be traced to the very birth of the hetero-management relationship.

On this point, hundreds of authors have debated, often expressing conflicting assessments.

On the one hand, in fact, there is the problem of protecting the privacy of the worker; on the other hand, on the other hand, there is the need for the employer to verify the correct fulfillment of the tasks entrusted to the worker, with a view to protecting the productivity of the company.

In this sense, the gradual diffusion of technology in the workplace has particularly favored the control of the worker, offering the employer the possibility of meticulously monitoring every single activity carried out in the exercise of the duties (and not only ...).

Furthermore, with the ever more rapid spread of software as a service and rental fees as an alternative to perpetual licenses, the need for worker control takes on a new meaning: verification and optimization of investments in company software.

Such rapid technological evolution now poses a series of concrete technical difficulties for employers and workers. Difficulties that arise, first of all, in the interpretation of art. 4 of the Workers' Statute, recently amended with Legislative Decree no. 151 of 14 September 2015, as the implementing decree of the delegation contained in law no. 183/2014, commonly known as the Jobs Act. This rule establishes the methods and conditions under which the electronic control of the worker must be carried out.

However, despite the recent date of promulgation, the regulatory device raises many doubts of interpretation to market operators.

This situation of uncertainty can be easily overcome by adopting specific IT solutions capable of satisfying the employer's need for control while protecting the rights of the worker.

A similar reconciliation is achieved, specifically, by focusing attention on the need to obtain the correct metrics regarding how the software is used by all workers, rather than directly analyzing the work of individuals.

Among the various services offered by SilentWave to companies, legal advice and the proposition of technical solutions aimed at solving these problems stand out. Contact us!