What Does Business Law State about Monitoring Employees?

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Small Business

Published on: 29 January 2016 Last Updated on: 09 August 2019
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Occasionally, we come across many individuals that are conflicted about the role monitoring applications have to play in the day to day office routines and activities. The most common question asked deals with the boundaries and limits that are “bendable” with the installment of monitoring applications. And the answer is simple; monitoring applications and software programs are legal and frequently advised to be installed in any firm or company. Here is why.

Legal but…

Monitoring or spy applications are legal in any court of law across the world. However, there are some regulations that need to be upheld by the employers’ side before installing monitoring software around the company premises. These guidelines include:

Informing Employees Beforehand

When it comes to employee monitoring applications, every court of law strictly states that the employees should be clearly notified about being monitored. The best way to accomplish this is via policies and guidelines that should be always kept on display within office premises. These guidelines should clearly explain every element of the employee monitoring intervention put forth by the company. Moreover, even when the firm decides to take on new employees, they should adjust a clause in the contract which makes it mandatory for every person being hired to sign a nondisclosure stating that they are alright with being monitored on company-related matters.

Only Limited to Company Owned Gadgets

Monitoring software programs tend to give employers an unwarranted power over the employees. And to protect the employee’s interests, legal guidelines regarding monitoring apps clearly state that the spying should be only limited to company-owned gadgets. This means that every information coming in and going out through the company-owned gadgets are company property. The guidelines placed around the office premises should also clearly pinpoint this clause so that it poses as a reminder at all times. Furthermore, it is also recommended that the employers get their employees to sign a nondisclosure agreement that clearly states that all information on the company owned gadgets is company property. This means it can be used by the company in court if need be as well.

Using Reliable Technological Sources

When another’s a source of income and image in the business world is on the line, it is always best to be careful and use reliable technological sources and software programs rather than the usual cheap ones. The expensive yet well-reputed ones can be easily programmed and altered according to the specific needs of the company, hence always used for easy access and usage.

Balancing is key

Putting so many restrictions and highlighting many stingy clauses regarding monitoring applications like TheOneSpy mobile spy software around the office can definitely scare an employee and hence hinder their overall productivity. This is primarily due to the lack of rapport that should be there between the employee and employer to help increase profits as employee motivation grows. Therefore, it is always recommended by experts to use a system that is similar to a token economy where the employees are given some leeway and flexibility in some areas while at the same time restricted in some too. For example, allowing them access to specific social media sites during a few designated hours of the day.

Never Resort to Open Slander

It is never healthy to insult or accuse an employee openly among their peers. And with monitoring applications installed, there will be many times that the system may show you red flags which in reality are nothing but some mishap with the coding of the monitoring application itself. Therefore, rather than losing your cool and openly slandering a perfectly loyal employee, it is always best to take them aside or discreetly conduct a further investigation either with their knowledge of it or without it. This is because an employee can otherwise sue you for slandering their image followed by wrongful termination which would prove bad for your company’s image.

The law about monitoring applications is specifically made to protect both the employees as well as the employers in case of any mishap or misunderstanding between the two parties. While it may look like the employers have all the power with monitoring applications installed, but in reality, analysis has shown that monitoring applications have been found to be more useful to employees. For example, if an employee faces discrimination at the hands of another employee or employer, they can use the backup made by monitoring applications to highlight the wrongful act in court.

 

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