A colleague checks my working hours: is this allowed?

It is not only their right for employers to record the working hours of their employees as part of a time recording system, but is now also required by law throughout Europe. But does this right also apply to employees who spy on their own colleagues and monitor their working hours? In this article you will find out what is allowed and what information can actually be used against you.

Can my colleagues control my work hours?

The simple act of recording colleagues’ working times and attendance may be morally wrong, but it is generally not unacceptable. What is crucial, however, is how this data is collected and recorded.

Taking handwritten notes about the start, possible interruptions and end of a colleague’s working hours is largely harmless under criminal and employment law.

However, times will change secretly and/or using technical devicessuch as a hidden surveillance camera or videos captured using unauthorized cell phones, this approach can certainly be criminally relevant.

Secretly filming people is a problem Violation of their personal rights The same goes for the secret making of sound recordings ¹.

Can the recordings be used against me?

But even if an employee has logged and recorded a colleague’s working hours in a generally permissible manner, the question arises whether this information can then be used against the employee concerned.

It can be assumed that the consequences in terms of labor law which are based solely on information secretly obtained by a colleague of the person concerned and subsequently transmitted to the employer, generally prohibited are ².

However, if the information first leads the employer to develop initial suspicions about the person concerned, and then to legally confirm these suspicions without citing the information obtained from the colleague as justification, this tendency no longer applies. ³.

For example, if an employee keeps a record of a colleague’s working hours and forwards this information to management, so that management then checks the time recording and detects possible inconsistencies that result in a warning. The accused employee can hardly count on unauthorized collection of initial data.

Employer asks colleagues to carry out secret surveillance

If an employer suspects that an employee is committing working time fraud, he has different options to prove it and, depending on the seriousness of the offense, to issue a warning or even dismissal without notice.

However, asking a colleague to watch over the suspected employee is not a very good idea.

Such an approach constitutes covert surveillancewhich is inadmissible in any case. Here too, as in the case of secretly making video or audio recordings, this is an infringement of the employee’s personal rights.

Furthermore, it goes without saying that employees responsible for monitoring their colleagues you do not have to follow this instruction ⁴.

This is how you should behave when your colleagues control your work hours

If you suspect that you are being controlled by one or more of your colleagues, it is advisable to speak to your colleagues first.

However, you also need to do this in advance you think and ask yourself what might cause your colleagues to control your work hours.

If you cannot reach an agreement after talking with your colleagues, you should consult your employer or a supervisor and discuss the matter.

What drives employees to control their colleagues?

Surveillance of coworkers can take place for a variety of reasons. The motivation is often distrust and the suspicion that a colleague is abusing their working time.

It also plays a particularly important role in the working environment Rivalry and often resentment a big role. Some employees may also try to make a name for themselves by spying on their colleagues.

Also personal and private conflicts and insecurities in relation to their own workplace can lead employees to monitor their colleagues.

The actual reasons why an employee is monitoring and spying on their own colleagues may not be discovered, if at all, during a clarifying conversation.

Effects of monitoring on work atmosphere and team dynamics

Surveillance by and towards colleagues often leads to a feeling of mutual distrust.

THE Trust between team members is often permanently damaged which affects collaboration and, therefore, the performance of each employee.

In addition, employee motivation may decrease. A work environment characterized by distrust and surveillance has a demotivating effect and can significantly reduce job satisfaction.

Therefore, employers and supervisors should also make an effort to reprimand employees who monitor their co-workers and strive to a pleasant, unsupervised working environment for all employees to accomplish.