How should an employer deal with a complaint of bullying?
The company has the obligation to take care of the health of its workers and to avoid this type of situation, therefore, once it receives this type of complaints it must investigate and adopt the pertinent measures, according to the established in the collective agreement applicable or In the internal politics of the company.
Can employers investigate cases of bullying and harassment in the workplace on the basis of anonymous witness evidence?
Yes, employers can establish within their policies against harassment the possibility of anonymous complaints, because in these cases the complainants could be afraid of the harasser's reprisals.
How far can an employer take into account misconduct that occurs off-duty when contemplating disciplinary action?
The Collective Bargaining Agreement may regulate that misconduct outside the workday is sanctioned by the employer when it is related to the work activity. However, as a rule, the worker's behavior outside the workday and the work center are part of his private life, therefore could not be sanctioned by his employer.
What is data protection and what are the basic data protection principles?
Is the protection of the public freedoms and fundamental rights of natural persons, in connection in particular with the processing of their personal data and its impact on the right to protect their honor and their personal and family’s privacy.
Anyone processing personal data must comply with the enforceable principles of good practice. These provide that personal data must be:
•processed fairly and lawfully
•processed for limited purposes and in an appropriate way
•adequate, relevant and not excessive for the purpose
•not kept longer than necessary for the purpose
•processed in line with data subjects' rights
If an individual is entitled to request to view their personnel file from an employer, what is the procedure?
Data subjects shall be entitled to request and obtain, at no cost whatsoever, information on the personal data processed by the controller, the origin of such data and any past or intended future disclosure thereof.
Such information may be obtained in response to an inquiry by simple visualization of the data, or in writing, in which the data being processed shall be described on a legible and comprehensible copy or photocopy, certified or otherwise. Such information shall contain no codes whose interpretation calls for specific hardware.
Can employers require people to use their subject access rights to provide certain records, such as police records, as a condition of employment?
The employer can request the criminal records from an employee if the purpose justifies it, but cannot have that information in a file.
If an employer contracts out payroll services what are the obligations as regards the supply of data to this third party?
Processed personal data may only be disclosed to third parties for purposes directly related to the sender’s and the recipient’s legitimate activities and providing the data subject lends his prior consent thereto.
Third party processing must be regulated in an agreement that must be in written or some other form whereby the conclusion and content thereof can be verified. Such agreement must explicitly specify that the processor may only process the data in accordance with the controller’s instructions, that he will not apply them to or use them for any purpose other laid down in the agreement, nor disclose them to others, even for storage.
Do employers need to seek explicit consent from employees before processing data relating to the reasons for sickness absence?
Personal data referring to health may only be collected, processed or transferred when so provided by law for reasons of general interest or where the data subject explicitly grants his consent thereto.
Is there any guidance on the length of time personnel records or individual items of data should be retained?
Personal data shall be erased when they are no longer necessary or relevant for the purpose for which they were obtained or recorded.
They shall not be stored in a manner in which the data subject can be identified for any longer than necessary for the purpose for which they were obtained or recorded.
What can an employee do if he/she believes that an employer has breached its rights under the Data Protection Act?
The employees affected by conduct contrary to the right of data protection may claim before the Data Protection Agency. If as a consequence of such breach, they suffer any damage or injury in their property or rights will be entitled to indemnity.
Can an employer install a video surveillance system in the company?
The employer may install a video surveillance system, provided that it is carried out with the necessary guarantees, that is, it is a justified measure and it respects the right to privacy of employees.
What should an employer do to manage employees' use of social networking sites such as Facebook?
The employer may install internet control methods such as monitoring programs, firewall controls, proxy servers or sniffers.