A survey carried out by Digital.com, which specializes in labor market analysis, revealed that 60% of companies in the US and Europe that work from home use some program that monitors the performance of remote employees.
This type of software, informally called “bossware” (in reference to “boss”, in English) is capable of recording each worker’s action, such as the time the computer is turned on, websites visited, emails sent and even clicks on the keyboard or mouse.
In some cases, it can also provide images, showing the company what the person is doing, indoors, during working hours.
According to data collected by Digital.com, 53% of monitored employees spend at least three hours on non-work-related activities. Reason for dismissal? You can bet: 88% of companies that use bossware have already terminated employees based on the information captured.
For 81% of companies, these programs improve employee productivity.
According to the British newspaper Guardian, the market is heated. Awareness Technologies, owner of the InterGuard bossware, claims that its customer base is up 300% since the Covid-19 pandemic.
“The rise of monitoring software is one of the untold stories of the Covid pandemic,” Andrew Pakes, deputy secretary general at Prospect, a UK labor union, told the report.
Other popular programs are ActivTrak, used by over 6,500 organizations; and Time Doctor, which monitors over 83,000 users.
The popularization of this type of surveillance has generated debates in the corporate environment. Especially since there are cases where it occurs “invisible” – that is, without the employee knowing that he is being tracked.
Some companies adopt the “visible” version, where the worker is aware and can even turn off monitoring. However, in this case, some employers consider that the workday has been interrupted and, therefore, these unsupervised hours will be deducted from the salary, according to The Guardian newspaper.
It’s in Brazil?
In the case of Brazil, the use of tools to monitor labor productivity is foreseen. However, employees must be informed that the company uses this type of resource, explains labor lawyer Maurilio Lopes, from Pipek, Penteado e Paes Manso.
“Labor legislation in Brazil provides that the provision of services in the form of telework and its definitions must be expressly included in the individual contract, including the working day, remuneration, requirements for the provision of services and any means of inspection and control of the professional” , says.
Maurilio also points out that any inspection method that is not agreed upon and that exposes the worker to situations of embarrassment or is out of [acompanhar a produtividade, por exemplo] may be the subject of actions in the Labor Court.
Regarding the eventual termination of the tracking program by the employees, the interviewee highlights that salary deductions should not occur. The exception will only be if this type of agreement has been formalized between the parties.
The specific rules for hybrid work (part in the company and part home office), in force since March this year by the provisional measure 1108/2022, also determine that the use of software and equipment outside the normal working day does not constitute time available. of the employer.
“The Law provides that an individual agreement may delineate questions about schedules and the means of communication between employee and employer, provided that legal rest is ensured, such as the break for meals and rest”, adds Maurilio