Employers will be able to read employees' correspondence - a draft of the new Labor Code
Kyiv • UNN
The draft of the new Labor Code provides for the right of employers to monitor work-related correspondence and install video surveillance. The control is possible only as a last resort and subject to informing employees.
The draft of the new Labor Code developed by the government provides for the permission of employers to check employees' work correspondence and conduct video surveillance in the workplace. UNN reports this with a link to the text of the draft.
The employer may monitor the employee's work correspondence and/or documents (files) created on technical (electronic) devices used by the employee to perform his/her work duties,
It is noted that monitoring of work correspondence and/or documents (files) created on technical devices used by an employee to perform his/her work duties is an extreme form of employer control.
Such monitoring may be applied only if it is impossible to use alternative methods of control over the performance of labor duties by the employee.
It is also noted that the employer must inform the employee about the introduction of monitoring and justify the objective need for its implementation.
It is emphasized that this monitoring cannot violate the employee's right to privacy and family life.
VIDEO SURVEILLANCE AT THE EMPLOYEE'S WORKPLACE
In addition, the draft Labor Code of Ukraine states that an employer may conduct video surveillance at an employee's workplace, which is located in the employer's premises or on the employer's territory.
Video surveillance is an extreme form of employer control over an employee and may be used only if alternative methods of employee control are impossible or ineffective,
Video surveillance cannot violate an employee's right to privacy and family life. When installing video surveillance, the employer must take into account:
1) objective and justified need for video surveillance;
2) awareness of the employee about video surveillance and the location of video cameras.
At the request of an employee, the employer must provide the necessary fragment of the video recording, which may serve as evidence of a violation of labor rights or violation of labor laws by the employer,
Addendum
In March 2024, the Office of the Ukrainian Parliament Commissioner for Human Rights discussed the need for changes to the draft Labor Code being developed by the Ministry of Economy of Ukraine.
In January 2024, Ukraine's Economy Minister Yulia Svyrydenko statedthat the Ministry of Economy intends to discuss a new Labor Code, which aims to modernize employment forms and digitize records, replacing the outdated 1971 code.
