Las cámaras de videovigilancia en el lugar de trabajo como medio de prueba en el proceso laboral
- Autores: Francisco Andrés Valle Muñoz
- Localización: Managing the future: challenges and proposals for post-pandemic society: 13-16 December, 2021 Universitat Rovira i Virgili / Teresa Torres Coronas (ed. lit.), Josep Moreno i Gené (ed. lit.), Angel Belzunegui Eraso (ed. lit.), 2021, págs. 182-200
- Idioma: español
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Resumen
The video surveillance cameras in the company are a technological instrument available to the employer to control the provision of work, but, in turn, they are a means of evidence to prove contractual breaches of the worker in the labor process. In this study, we analyze the value of video surveillance cameras as a means of evidence in the labor process, studying three main issues. The first of them is the legality of this means of evidence, when the information contained in them is obtained with violation of fundamental rights of the worker such as the right to privacy and the right to protection of personal data. Linked to the above, we study the effects that this entails in the sanction imposed by the employer on the worker. The second issue is the autonomous legal nature or not of this means of evidence and its qualification as electronic evidence and not as documentary evidence. Finally, the third issue is the proof of the authenticity and integrity of the information contained in said recordings, and the recourse to other alternative means of evidence to verify such circumstances.
