A Florida-based software development firm called Chetu provided a perfect example of how an employer in 2022 can take worker surveillance one step too far. Describing an order issued last week,
a Dutch court document (translated with Google Translate) explained that it was wrong for the Florida firm to punish a remote Dutch telemarketer for turning off his webcam—and that firing him for doing so actually violated the employee's human rights.
After the employee (whose name is redacted in the court document) repeatedly refused to turn on his webcam in August, the company terminated his employment abruptly via an email that explained the termination decision in fewer than 10 words. Chetu apparently cited Dutch civil code as supporting its decision, writing to the employee: “Your employment is hereby terminated. Reason: Refusal to work; Insubordination.” However, the Dutch court last week ultimately disagreed with Chetu’s reading of the Dutch law, deciding that not turning on a webcam isn’t a refusal to work or insubordination. Instead, the employee was rightly and reasonably defending his right to privacy. That’s protected by the European Convention of Human Rights, according to the court order, which quoted, “video surveillance of an employee in the workplace, be it covert or not, must be considered as a considerable intrusion into the employee’s private life.”
Chetu did not immediately respond to Ars’ request for comment.
arstechnica.com
