Ochrona dóbr osobistych a podstawowe formy kontroli pracowników

Abstract

The acceptability of particular forms of employees’ supervision should always be examined in the context of the employer’s compliance with the regulations related to protection of the employee’s personal interests. Therefore, performing body search on employees in light of the absence of appropriate legal rules regulating this matter is de lege lata unacceptable under Polish labour law. The use of a polygraph and psychometric tests may be legal only when there are established norms that justify the employer’s interest in searching for information with their use and the employee consents to the test. However, a test with the use of a polygraph may be allowable, but only if there exist special legal regulations permitting it. Hence the use of biometric readers is in most cases unjustified. For instance, under no circumstances may they be used for registering work time. Whether particular forms of employee monitoring are admissible is an issue to be examined in the context of the existing regulations related to personal interests as well as the decisions of the European Court of Justice.