Digital monitoring at work and work relations: Key labour law aspects

Abstract

Digital transformation of work within the Fourth Industrial Revolution, as well as the ever-wider use of artificial intelligence systems and various AI tools, have led to significant changes in work organization and employment relations. Remote work and working from home have intensified, which has simultaneously contributed to increased use of digital employee surveillance. Although the use of digital monitoring is often justified from the employer's perspective as a legitimate and useful measure aimed at improving work organization, increasing productivity and efficiency, and strengthening safety and occupational health systems, its implications from the employees' viewpoint are considerably more complex and problematic. Continuous digital workplace surveillance has significant negative psychosocial effects, including increased stress, a persistent sense of being monitored, and deteriorating employee mental health. It also leads to reduced self-confidence, motivation, and perceived autonomy, while compromising privacy. Furthermore, there is a risk of discrimination against vulnerable groups, such as persons with disabilities and older workers. At the same time, constant monitoring may discourage employee solidarity and trade union organizing. In this article, using normative and comparative legal methods, we will analyze the forms, objectives, advantages, and risks of digital workplace surveillance, with a review of the legal and ethical implications. Special attention is paid to the balance between legitimate employer interests and employees' right to privacy. It is concluded that transparent and proportionate application of digital surveillance is crucial for preserving employment relationships and protecting employees' fundamental rights at work, and that when video surveillance is used a certain balance must be established between the employer's interests (protection of property, security measures) and the employees' rights (dignity, protection of personal data), observing the principle of data minimisation, by which only data that are necessary and indispensable are collected.

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