Dutch court declares it illegal to force the use of a webcam while working

It is illegal to use a webcam during working hours. So decided the Dutch court.

In the Netherlands, a court has just ruled against an American company. The latter violated the rights of a Dutch employee by forcing him to keep his webcam on during work hours, according to TechCrunch. An employee hired by Florida-based telemarketing firm Chetu was fired for refusing to be followed “for nine hours a day”by a program that streamed his webcam and shared his screens.

Forcing a webcam during all work hours is illegal

The company said it fired him for “refusal to work”and “insubordination.”However, the employee explained that he was “not comfortable”filming all day. “This is an invasion of my privacy and I am very uncomfortable. It is for this reason that my camera is not turned on, ”he said in documents submitted to the court.

So decided the Dutch court

“Such camera surveillance for eight hours per game is disproportionate and is prohibited in the Netherlands,” the verdict says, adding that the measure also violates Article 8 of the European Convention on Human Rights. The court ruled that employee Chetu’s dismissal was unfair and the company must now pay a $50,000 fine, plus its employee’s wages, legal fees and unused vacation days. The Dutch court also ordered the company to withdraw the non-competition clause.

Since Florida is a state where employers do not sign labor agreements, workers can be fired for no reason unless it is illegal. In the Netherlands and in many European countries, including France, you need a real reason for dismissal. Otherwise, the employee has the right to challenge his dismissal.

CDN CTB