This article analyzes the feasibility of establishing a mechanism of permanent control of the displacements of workers during its labor shift, denominated “permanent monitoring”. The key questions that arise throughout the analysis consider aspects such as the judicial right of the employer to control all the movements of their workers, the exact place where the employees are at any particular moment, the number and length of the breaks they take, among other. Notwithstanding the legitimate right the employer has to supervise the professional activities entrusted to the employee, the initial hypothesis of this article arise from the following question: Does it represents an improper tracking of the worker? Is it appropriate to establish limitations in this regards? Such a control of the worker from the employer could result in the total control of the actions and movements carried out by the workers, beyond their professional responsibilities. The GPS –developed initially for military tasks– is frequently used by the civil society and nowadays has been also used in business activities. The question is, hence, to analyze the legitimacy and under what conditions those control instruments could be allowed as monitoring mechanisms.
Keywords:
GPS, employer’s control attribution, intimacy right, worker’s fundamental rights
Author Biography
Jorge Arredondo Pacheco
Abogado, Máster en Derecho del Trabajo y de la Seguridad Social (Universidad Rey Juan Carlos, Madrid, España)
Arredondo Pacheco, J. (2016). Ideas a tener en consideración ante la irrupción de un nuevo mecanismo de control empresarial: el GPS. Revista Chilena De Derecho Del Trabajo Y De La Seguridad Social, 2(4), pp. 77–107. https://doi.org/10.5354/0719-7551.2011.42899
