Walter Bowen

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Computer Resources

Posted on April 21, 2023 in News

The 26 of September of 2007, the Room of the Social thing of the Supreme Court dictated Sentence on disciplinary dismissal to an employee who used the computer of the company and its connection to Internet to enter pornographic pages in labor schedule. In the first instances, the courts understood that the evidence presented for the disciplinary dismissal was obtained with infringement of the rights of the employee, and failing to fulfill article 18 of the Statute of the Workers. And in the same line, the Supreme Court wine to solve the conflict between the rights of the workers (article 18 of the Statute of the Workers) and the power of monitoring and control of the industralist (article 20,3 of the Statute of the Workers). According to its doctrine, the audit and control of the computer, corporative electronic mail, access to Internet, etc. will not be an infringement of the rights of the workers, whenever the following requirements are fulfilled: Information to the employees that the computer science means facilitated by the company are of their property. It is not a personal effect of the worker, but one " tool of trabajo" that it is facilitated for the fulfillment of the labor benefit, reason why that use is within the scope of the right of monitoring and control of the industralist. Information to the employees that a control mechanism of the use of these tools exists. In this way, if the worker uses the computer science resources of the company against the prohibitions and norms of use determined by the company, infringement will not be able to be understood of its privacy. Without this information, the access to the computer, the temporary files, corporative electronic mail, etc. will have to be fitted to the procedure established in article 18 of the Statute of the Workers: " Registries will only be able to be realised on the person of the worker, in their particular ticket offices and effects, when they are necessary for the protection of the enterprise patrimony and the one of the other workers of the company, within the center of work and in working hours. In its accomplishment dignity will be respected to the maximum privacy of the worker and will be counted on the attendance of a legal representative of the workers or, in its absence of the work center, of another worker of the company, whenever it was posible." Original author and source of the article.