At present, there are many remote management applications based on mobile phones. The principle is that the company establishes a remote management console, installs terminals on employees' mobile phones, locates them regularly or at any time, and sends the location information back to the console. This is not technically complicated. As long as employees know and agree, it is completely legal and does not infringe on privacy.
The company should make this management measure public and regard it as one of the conditions of employment. If employees refuse to accept such conditions, they can give up their jobs in the company.
The operation of software should be completely open. However, from the point of view of saving electricity and not disturbing the daily use of mobile phones, we should try to keep running in the background and occupy less memory.
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Related news: Is it legal to supervise employees with mobile phone positioning attendance?
You Minjian, a member of Shanghai CPPCC and a partner of Shelley Law Firm, said that the right to privacy is a basic individual right, which is supported by many legal systems. It refers to a kind of personality right that the peace of private life and private information secrets enjoyed by natural persons are protected according to law and are not illegally violated, known, collected, used and made public by others. Moreover, the right subject has the right to decide to what extent others can interfere in their private lives, whether to disclose their privacy to others, and the scope and extent of disclosure.
"Simply put, it is a secret that citizens are unwilling to disclose or know for others in their personal lives, so the company's behavior in this case does not constitute an infringement of employees' privacy rights. "According to Youmin Key's analysis, the mobile phone attendance APP used by the company only looks at employees' personal location information during working hours, which is not beyond the working hours, so it should not belong to privacy protection.
However, you Fujian stressed that despite this, this does not mean that it is reasonable and legal for the company to force employees to install and use this mobile phone attendance APP in this case. When the company requires employees to install and use the mobile attendance APP, there are at least two issues that need to be clarified: First, before the company interviews and officially joins the company, employees who become employees of the company need to install the mobile attendance APP and clearly inform employees that the APP will contain their location information; Give employees the right to choose whether to join the company or not. Second, employees should also be given the right to choose the scope of employee information, and the scope of authorized information should be decided by employees themselves.
You Minjian believes that it is obviously unreasonable to use the way of obtaining information for employees to go to the toilet.
He said that with the development of modern science and technology, it will become more and more common to use mobile phone attendance APP for management, but how to further standardize and grasp the degree of enterprise management behavior is worth deep thinking.
People's Network-Is it legal to supervise employees through mobile location attendance?