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The head can watch the “email”
The company can control the use of Internet of the employees it warns if it - the lawsuits related to the use of the Network have increased. “The recommendable thing is clear protocols of use”, think in Sagardoy. “Sometimes it is an excuse to dismiss somebody”, it says the Col.lectiu Ronda Every time are more lawsuits related to the use of Internet and the electronic mail in the work: workers dismissed with the excuse to use them for personal aims and companies worried about the tons of time that some of their workers lose sailing or chateando by the network. Although there are no global numbers, everyone call to the doors of the offices of lawyers. ”He has right my head to watch my email? I can control the pages Web that visit my employees? “. And the answer is yes, as long as the company has previously noticed the personnel of which it will make controls of the use of his computer like work tool that is. Nevertheless, if the worker does not have knowledge of which he inspects it to the company, any obtained test will lack validity in a judgment, as he the past established a sentence of the Supreme Court of 26 of September. That one failure forced a Galician company to re-admit to an employee who was been visiting pornographic pages in Internet because he registered his computer “without previous warning on the use and the control of the computer” and it constituted, therefore, “an injury to his privacy”. “But the company has protocol on use of Internet, has a check in target, can watch it at any time, without the need that he is present the union employee or representatives”, Marc explains Race, director of Sagardoy Lawyers in Barcelona. “Most recommendable they are short, simple protocols, very clear and with tests that they have been have been disclosed all the employees, so that no can allege in the judgment that did not know the norms”, stresses. Of the lawsuits arrived at the Supreme one between 2002 and 2007, according to Sagardoy, 13 dismissals were considered originating, against six inadmissible ones. In this writing desk they have noticed of first hand that the companies more and more are worried about the subject. In sectors like the banking one, for example, “to control the contents of the post office it is fundamental to avoid cases of fraud, of money laundering” explains Race. In other great corporations also the revelation worries about secrets to the competition. And for this reason, the banking sector and the great company usually have a protocol of use of computer science tools, including the movable telephone. But for the rest of the companies, the majority, the problem is the time. “The general preoccupation, the most extended, is the control of the working time; there are cases of abuse, in some companies have considered to eliminate the electronic mail”, explains Salvador of the King, partner director of the labor area of Cuatrecasas and university professor of Right of the Work and the Social Security. “Sometimes the company sees that a worker spends hours daily of its labor day watching Internet”, it adds. The Cabbage·lectiu Ronda, a labor writing desk that defends workers, also has observed that the number of dismissals by this subject has gone off. According to Jaume Garci'a Vicente, lawyer of the organization, “has of everything, companies that yes want to punish that illegal use and other that look for excuses to dismiss somebody of originating form and to avoid to pay the indemnification of 45 days of wage per worked year”. In these processes and the norms, according to Race, the good faith must prevail “”: he is not the same sporadically to realize a banking transaction that to be two hours chateando. A. MARS (the extracted News of the Country)
 
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