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A Florida-based software development company called Chetu provided the best example of how an employer in 2022 can take employee surveillance a little too far. Describing an order issued last week, a Dutch court document explained that it was for the Florida-based company to punish a remote Dutch phone salesman for turning off his webcam; rights.
After the worker (whose call is redacted in the court document) continually refused to turn on his webcam in August, the company fired him via an email explaining the dismissal resolution in less than 10 words. Chetu allegedly cited the Dutch Civil Code in aid. of his resolution, writing to the worker: “Your employment is hereby terminated. Reason: Refusal to work; Insubordination. “
However, last week, the Dutch court nevertheless disagreed with Chetu’s reading of Dutch law, deciding that not turning on a webcam is not a refusal to paint or insubordination. Instead, the painter was rightly and rather protecting his right to privacy. This is protected by the European Convention on Human Rights, according to the court order, which cited, “the video surveillance of a painter at the site of the paintings, whether hidden or not, shall be regarded as an abundant intrusion into the painter’s privacy. “”
Chetu did not respond to Ars’ request for comment.
This verdict can be noted as a victory for any remote worker, no matter where they are, who once hesitated when their boss asked them to set a record and undergo prolonged surveillance.
Since remote jobs have become a default mode for many painters around the world during the pandemic, employers have begun exploring new tactics to control painters’ productivity. Demand for painter tracking generation increased by 58%, Top10VPN reported. to the National Library of Medicine, was just one component of “an unprecedented explosion of virtual surveillance induced by COVID-19” that “has reconfigured power relations in professional settings. “With such “oversight” and data-driven management, the researchers warned.
At least, apparently, in the Netherlands, remote staff can now expect to receive invalid webcam requests all day. Following the unfair dismissal verdict, the court ordered Chetu to withdraw a non-compete clause limiting the former worker’s new employment options. . Chetu also had to pay a $50,000 fine, as well as the employee’s back wages, unused vacation, and legal costs.
TechCrunch reported that in Florida, where Chetu is based, there is unlimited employment legislation covering Chetu so the company can fire any Florida-based worker to explain why they don’t violate hard work legislation. The email that led to the Dutch dismissal The worker based suggests that the company tried to consult the Dutch civil code before making its dismissal decision, but did not dare to check what is protected by law under the European Convention on Human Rights.
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