Personal protection at work
Monitoring of employee work performance
Work performance monitoring is a continuous or regular monitoring that is carried out to check whether employees comply with the instructions of the employer or the laws and regulations that apply to the work and, where appropriate, to evaluate individual work contribution or performance.
The monitoring of work performance is subject to strict conditions and is only permitted in certain cases or when there is a special need for such monitoring, for example because:
it cannot be handled in other ways,
it is necessary for the provisions of a collective agreement or other form of agreement on wages, in particular when wages are based on a performance-based, time-based wage system;
without monitoring, it is not possible to ensure safety in the area concerned, such as in the light of the laws and considerations of hygiene and pollution prevention.
The employer must do a privacy impact assessment before monitoring of the work performance begins.
The employer must assess whether the same purpose can be achieved by other less serious measures, e.g. by having a shift manager on site, whose job is to monitor the operation.
In general, employees should not be required to be kept under the watchful eye of their employer through CCTV, although in certain cases circumstances may require this. This can be the case for example in certain types of workplaces, such as where dangerous machines or chemicals can be found or when working with food.
