The representative can be monitored with a detective

If a company has a workers' representative and suspects that they are not making good use of working time credits (for example, if they have been seen at their children's school during a time when they notified the company that they were performing union functions), the following should be taken into account:

• The company can verify the use of working time credits, even through detectives, as long as the monitoring is limited in time and does not involve permanent surveillance (for example, the detective must be informed of the hours in which the employee will enjoy the working time credit so that the monitoring is only carried out during that time frame).

• The detective can only follow the worker in public spaces (on the street or in commercial establishments, for example). In addition, the worker's right to privacy and dignity must be respected.

• The company must respect the principles of suitability, necessity, and proportionality (the triple proportionality test that is applied when fundamental rights may be violated).

• In short, surveillance by detectives does not violate trade union freedom if it is carried out in a proportionate manner, with a legitimate purpose, and without invading the worker's privacy.

If the detective's report proves misuse of working time credits, the company may sanction the worker or, depending on the seriousness of the facts, may even dismiss them (for example, if it is a repeated behavior over time). If they sanction or dismiss the worker for serious or very serious offenses, they must open a contradictory procedure with the participation of the rest of the workers' representatives.

 

Our professionals will inform you about any doubts regarding workers' representatives and the use of detectives.