Company can monitor everything employee does on work computer?

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Tied to my case /questions/69324/skype-monitoramento

I need answers that are based on something beyond the sense of achism, there are people who tell me that is provided for in the law. For example:

Is the Federal Constitution being violated or not? art. 5, XII: "...the secrecy of correspondence and telegraphic communications etc....

There are some companies that adopt contracts so that people are informed and are aware that appropriate measures and even just cause in case the professional is caught by monitoring doing something prohibited by the employer.

These contracts are valid, are not valid? the employee can choose to sign or not(without incurring penalties)?

justifying according to the topical help center 5º /help/on-topic

security-guard brazil
  • 7

    before voting to close this question I want to argue that this question is based on the first "theoretical doubts about concepts and practices applied to software development" where I need to know this concept of software legality before starting development

  • 2

    I don’t see this as a question about practices applied to software development - this is a question about practices applied to the use of IT resources in the company, which occurs in all areas of activity and is not particularly associated with software development. Anyway: the secrecy of co-responsibility is inviolable, but in a company all communication belongs to the company and not to the individual, and the employee has the option of not signing the contract if he does not make a point of taking up the job :-)

  • Sorry @Sneepsninjaa I voted to close because for me this question is outside the scope, even if it is an IT company. -- About the doubt, despite having good answers, I believe that the best person to guide you is a person in the area, as a labor lawyer.

  • This question is being discussed at the goal: http://meta.pt.stackoverflow.com/questions/3947/est%C3%A1-pergunta-est%C3%A1-in-or-out-of-scope-of-site

  • 2

    This would not be a case to add to tag brazil in the question?

  • @qmechanik I edited as, very well noted.

  • The question has been closed, reopened and is in the closing line again, but with no vote to close. I thought it best to leave it open so as not to add fuel to the fire.

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3 answers

14


There are priors. If the software is understood as a working tool, it is equal to a telephone, and its monitoring does not constitute violation of articles X and XII of art. 5th of the Federal Constitution.

However, employees should be aware of the fact, via employment contract or further communication.

If the company fails to communicate the fact, may be a violation of the articles of the constitution.

Source: Summary Rite 6914820135020 SP

  • 1

    thanks @Onosendai was something in that sense that I was looking for, I already have how to put together a foundation, now it’s hand in the dough.

  • 1

    @Sneepsninja Always a pleasure to help. It is worth mentioning that the answers of Gustavo and Edgar also have valuable information.

7

An employment contract is a service contract between an employer and a contractor.

I have been through this a few times and I have called my lawyer on this issue. What happens is that there are very subjective issues. The company has the right to monitor what it travels through its network on the grounds that it is monitoring its information. Even this is a just cause:

According to Item 7 of Art 482 of the CLT, Disclosure will only characterize violation if it is made to third party, capable of causing injury to the company, or the possibility of causing it appreciably.

The company can do this to protect you, but it’s important that this is on contract duly signed by both parties.

By accepting the contract you agree to the company policy. Not accepted gives the company the full right not to contact you or re-offend the contract if it is an update in internal policy.

Unfortunately, I’m giving you the practical knowledge because I’m an analyst, not a lawyer. For a more grounded answer I suggest you seek a Labor Lawyer.

EDIT

The response of Onosendai is more grounded than this. I will leave here only to enrich.

6

Only by complementing the answer from Onosendai, the Superior Labor Court has been understanding that the email personal employee can not be monitored, but that corporate email, all traffic on the company computer and/or by any other program linked to company, yes.

See a 2014 decision (well recent, jurisprudentially speaking):

In this regard the author is right. In fact, in documents de fls. 86/91 and 94/96 found to be conversations electronic between the plaintiff and her first witness. However, there is no indication that such conversations were made possible by means of using corporate email or any other program attached to the claimed company.

Therefore, considering that the content of these documents is originate from the personal e-mail of the author, there is no doubt that his use by the claimed company violates constitutional principles privacy and intimacy, as well as the correspondence, as provided for in points X and XII of Constitution of the Republic, in verbis:

'X - are inviolable to intimacy, private life, honor and image persons, ensured the right to compensation for material damage or due to their violation;'

'XII - the confidentiality of correspondence and communications is inviolable telegraphic, data and telephone communications, except last case, by court order, in the circumstances and in the form that the law establish for the purpose of criminal investigation or prosecution penal;'

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