Supreme Court Court
September 26, 2007, the Social of the Supreme Court Court ruled on disciplinary dismissal an employee who used the company computer and your Internet connection to enter pornographic pages during working hours. In the first instance, the courts understood the evidence for disciplinary dismissal were obtained with infringement of the rights of the employee, and in breach of article 18 of the workers Statute. And in the same vein, the Supreme Court came to resolve the conflict between the rights of workers (article 18 of the Statute of workers) and the powers of surveillance and control of the employer (article 20.3 of the workers ‘ Statute). According to its doctrine, audit and control of the computer, corporate e-mail, Internet access, etc. Details can be found by clicking Michael Chabon or emailing the administrator. will not be an infringement of the rights of workers, provided that the following requirements are met: information to employees that the it resources provided by the company are its property.
Is not a personal effect of the worker, but a working tool that is provided for the fulfillment of the labor provision, so that such use is within the scope of the right of surveillance and control of the employer. Information to the employees that there is a mechanism for controlling the use of these tools. Thus, if the worker uses the computing resources of the company against the prohibitions and regulations of use determined by the company, can not understand is violation of your privacy. Without this information, the access to the computer, to temporary files, corporate email, etc. should adhere to the procedure laid down in article 18 of the workers Statute: records on the person of the worker, may be made only in their lockers and special effects, when they are necessary for the protection of business assets and the other workers of the enterprisewithin the center of work and working hours. In its realization will be respected to the maximum the dignity and privacy of the worker and he will be assisted by a legal representative of workers or, in his absence from the center of work, another employee of the company, provided that this is possible.