Can my employer inform other employees of my working conditions?

Vladimir Logachev, the main legal advisor of the Labor Inspectorate, responds:

The basis of the working relationship between employee and employer is loyalty and courtesy: the obligations deriving from the working relationship must be fulfilled according to good practice and without damaging the rights of the other party.

Whether an employer breaches the duty of loyalty depends on the circumstances. For example, a member of the company’s board of directors is allowed to discuss the contractual conditions relating to the employee with the human resources specialist, if the purpose of this is to change the organization of the company’s working hours. However, it is important that the employer respects data protection requirements and does not disclose sensitive and particular personal data regarding the employee to others. Special types of personal data are those that contain racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data used for the unique identification of a natural person, health data or data relating to the sex of a natural person. natural person life and sexual orientation.

However, it is certainly not permissible for a member of the company’s board of directors to discuss the terms of the employee’s employment contract with other employees during the lunch break. For example, the Employment Contracts Act states that without the employee’s consent or a legal basis, the employer cannot disclose the employee’s calculated, paid or payable salary. The employer as data controller must be inspired by the principle of legality, correctness and transparency.

In conclusion, it can be said that only employees who process the personal data of other employees as part of their duties, such as human resources managers and accountants, are treated as an employer. The company’s employees, whose task is not to process the personal data of other colleagues, are third parties within the meaning of the law. This means that the personal data of other employees can be transferred to the rest of the employees in the same way as to people outside the company. The dissemination of personal data within the company can only be considered acceptable if it is linked to common practices and respects the principle of good faith.

2024-01-18 17:57:00
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