Recent case law | Use of Geolocation tools to monitor working time
Published on :
25/04/2019
25
April
Apr
04
2019
It happens quite often that companies put in place a geolocation system to monitor and follow up their employee’s activity, in particular for salesmen or those conducting deliveries.
French case law has significantly reduced the possible cases in which workers can be tracked using geolocation, to the point that it is nearly forbidden.
In a case recently ruled, the litigation related to the validity of a scheme consisting in an electronic device the workers had to carry with them that monitored every ten seconds their location.
The employer alleged that this tool was needed to monitor the employee’s working time.
Further to an important ruling, the Supreme Court recalls the fundamental principle set by the labor code under which the right of individuals, as well as their individual and collective liberties may not be infringed upon nor restricted unless it is justified by the specific nature of the duty to be performed and is proportional to the goal.
Based on this, it ruled that the use of the geolocation system to ensure the working time monitoring is valid only if such monitoring cannot be carried out using another means, even less efficient than the GPS system.
History
-
New Legislation | In brief: The government announces its plans for the second half of its term
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / New legislationDoing business in France requires keeping up to speed with the quickly evolvi...
-
Do’s & Don’ts | This month: Working time
Published on : 29/07/2019 29 July Jul 07 2019Newsletter / Do’s and Dont’sFrench law provides for a standard legal working time of 35 hours per week. T...
-
Colombian Employment Law Boutique López & Asociados joins L&E Global
Published on : 02/07/2019 02 July Jul 07 2019L&E GlobalL&E Global is proud to announce its expansion in South America with the addit...Source : leglobal.org
-
Looking forward | What a No-Deal Brexit means for the British nationals in France
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Looking FowardAround 150,000 British nationals reside in France. 50% of them work, and 28%...
-
Recent case law | Equal treatment and company collective agreements
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawOn April 3, 2019 the French Supreme court (Cour de cassation) put a halt on i...
-
Recent case law | Use of Geolocation tools to monitor working time
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawIt happens quite often that companies put in place a geolocation system to mo...
-
Recent case law | Dismissal during the suspension of the contract due to work-related accident
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawAccording to the labor code, during the time of the absence due to an industr...
-
New Legislation | In brief: Directive on Posted Workers (Secondment)
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...
-
Do’s & Don’ts | This month: Mutually agreed terminations (Rupture Conventionnelle)
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Do’s and Dont’sA mutually agreed termination (“rupture conventionnelle”) offers the ability...
-
Tuesday May 21st, 2019 | A notable shift in case law: Supreme Court Plenary Session of April 5th, 2019
Published on : 19/04/2019 19 April Apr 04 2019NewsNews / Breakfast Briefings1. The purview of the notion of anxiety-based harm has now been broadened, to...