Legal: yes
Privacy issues when controlling mobile workers via GPS have drained the ink river to the point that many people on both sides of the company and working are doing the same question.
Some companies want to find my phone location by number or track the status of their employees through GPS. With this GPS tracking system, you can manage your activities and know where you are all the time. But is it legal to use this resource in a company?
Employers are allowed to monitor their employees but only within a very narrow scope. Surveillance and control systems, which are intended only to monitor the behavior of workers in the workplace, are entirely prohibited by labor law, where surveillance is required, for example, to prevent theft or to Better planning of operations that do not interfere with the freedom of movement of employees.
GPS monitoring is allowed, according to privacy advocates. But if it is only proportional, then the staff will not be unnecessarily controlled and stressed. Therefore, the employer must permanently monitor his employees on the screen if necessary for safety. It allows for real-time monitoring, such as tracking cash shipments or when shipping dangerous goods.
Employees are informed of the audit, why the audit took place, how information this information was collected, how long they retained it, and the employee has the right to. accessibility
It would help if you first informed the worker that he would be at the GPS to manage his work benefits. This way, you know that the data collected with GPS can be used for process optimization, increased safety, job control, incentives, and possible performance and penalties programs.
Employers can place GPS devices on a variety of devices, including vehicles and cell phones. This will provide details about the employee’s location, which is the latest information from the employer, disclosed by longitude and latitude coordinates, which will be communicated to the team that the employer can review. If installed in a vehicle, the GPS device can provide the vehicle’s speed and direction of movement.
Is it legal to put a GPS on a cell phone?
As long as the company or the phone and tablet owner is not a worker, the answer is clear: yes. Otherwise (if the employee owns the device), he will need to be notified and consent to stay through his phone.
An employer can have GPS technology and place it on a company device that his employee takes with him without employee consent.
Factors to consider for GPS location
Even if the employee is well-versed in this process, you can’t see the principle of proportions, so finding an employee’s location via GPS is perfectly legal.
This is a typical strategy used by the police to track down someone’s phone number. When you use a reverse phone lookup service, the data engine creates a confidential report that may include the owner’s name, address history, age, prospective family, phone type and carrier, the number’s related location, and more, if appropriate.
The Constitutional Court has established the scope of what it considers to be the fundamental rights of workers that employers must respect. In this context, a GPS tracking method is legal as long as it meets the following requirements:
-
judging suitability
The GPS installation must be able to achieve the intended purpose.
-
Trial required
This measure is necessary because no other moderately effective treatment is available to achieve the same efficacy.
-
Strict Proportion Judgment
This measure must balance gains or advantages in general over damages to value or other conflicting assets.
To find out if it is legal to use GPS tracking systems to control workers, it is necessary to do a case study and be clear that companies cannot locate employees outside of working hours.
Therefore, a device or vehicle equipped with a GPS tracking system has the option to disable this function in situations where it will be used for personal purposes.
