Unsubstantiated monitoring of employees to be sanctioned by Labor Inspectorate

19. 9. 2017

The possibility to authorize the Labor Inspectorate to impose sanctions on employers who breach their employees’ privacy has been debated for a rather significant length of time as the breach is fairly difficult to take action against. The latest amendment to the Labor Inspection Act, which became effective on 29 July, 2017, helps to support the employees’ position as these are not forced to undergo the onerous judicial procedures through courts and may directly turn to the local Labor Inspection Authority. This action was possible to take before as well, but the Labor Inspection Authorities actions were only restricted to a mere warning regarding the problem issued to the employer and were not allowed to impose any sanctions. In practice, the cases (that could have been) were forwarded to the Office for Personal Data Protection, which is entitled to sanction wrongdoings. Rectification of the situation, however, did take several months or even years due to the overload of the Office.

Newly, the Labor Inspectorate Offices may impose fines up to CZK 1m if the employer breaches their employees’ privacy at the place of work or common areas or up to CZK 100,000 if the employers neglect their obligation stipulated by the Labor Code to inform their employees of implementation of control mechanisms on the premises including the description of their range and ways of performance. At any rate, such control mechanisms may only be implemented on the basis of an adequate reason connected with specific nature of the employer’s activity.

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