A court in the Netherlands has ruled in favour of a Dutch worker after he was fired from Florida-based telemarketing firm Chetu for refusing to keep his webcam on and being monitored “for nine hours per day” while working, as per a report by TechCrunch. The monitoring would have been done by a program.
“Tracking via camera for eight hours per day is disproportionate and not permitted in the Netherlands,” says the court verdict. It also adds that this type of surveillance violated Article 8 of the European Convention on Human Rights. Quoting the Convention for the Protection of Human Rights and Fundamental Freedoms, the court said: “(…) video surveillance of an employee in the workplace, be it covert or not, must be considered as a considerable intrusion into the employee’s private life (…), and hence [the court] considers that it constitutes an interference within the meaning of Article 8 [Convention for the Protection of Human Rights and Fundamental Freedoms].”
As per Chetu, it fired the employee on grounds of “refusal to work” and “insubordination.” But the employee reportedly said that he “didn’t feel comfortable” being monitored all day. “This is an invasion of my privacy and makes me feel really uncomfortable. That is the reason why my camera is not on,” the employee is quoted as saying as per the court documents. The telemarketing firm didn’t attend the hearing.
As reparations, Chetu has to pay the employee his back wages and has been fined $50,000. The employee can also avail the unused vacation days. The company also has to pay the court costs and remove a non-compete clause.
“Tracking via camera for eight hours per day is disproportionate and not permitted in the Netherlands,” says the court verdict. It also adds that this type of surveillance violated Article 8 of the European Convention on Human Rights. Quoting the Convention for the Protection of Human Rights and Fundamental Freedoms, the court said: “(…) video surveillance of an employee in the workplace, be it covert or not, must be considered as a considerable intrusion into the employee’s private life (…), and hence [the court] considers that it constitutes an interference within the meaning of Article 8 [Convention for the Protection of Human Rights and Fundamental Freedoms].”
As per Chetu, it fired the employee on grounds of “refusal to work” and “insubordination.” But the employee reportedly said that he “didn’t feel comfortable” being monitored all day. “This is an invasion of my privacy and makes me feel really uncomfortable. That is the reason why my camera is not on,” the employee is quoted as saying as per the court documents. The telemarketing firm didn’t attend the hearing.
As reparations, Chetu has to pay the employee his back wages and has been fined $50,000. The employee can also avail the unused vacation days. The company also has to pay the court costs and remove a non-compete clause.
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