Abstract
This paper is focused on legal regulation of employee monitoring and control of employee in the legal order of the Czech Republic. The paper (in a comentary form) dealts with section 316 (1) to (c) act.
No. 262/2006 Coll., Labour Code. This provision states: Without the employer's consent, employees may not use the means of production and working means of the employer, including computer technology, and the employer's telecommunication equipment for their personal needs.
The employer shall be authorized to control the compliance with the prohibition stipulated in the first sentence in an appropriate way. The employer may not, without serious reasons consisting in a special character of the employer's activities, infringe on privacy of an employee at the employer's workplaces and common premises by subjecting the employee to open or secret monitoring, tapping and recording of his telephone calls, control of e-mails or control of letters addressed to the employee.
If there is a serious reason with respect to the employer, consisting in a special nature of the employer's activities, which justifies introduction of control mechanisms above, the employer shall be obliged to inform directly the employee on the scope and the manner of performance of the control.