The issue of video cameras in the workplace (Wired, 28 April 2023 – Enrico De Luca)

An order of the Court of Cassation recognises that an employer may use security camera footage for disciplinary purposes

Employers may use security camera footage for disciplinary purposes. This has been confirmed by the Court of Cassation in Order of 23 March 2023, No 8375.

Remote control of workers’ activities

As is now well known, Article 4 of the Italian Workers’ Charter states that audio-visual equipment – or in any case instruments which may enable remote control of workers’ activities (which also includes video surveillance systems) – may be used by the employer exclusively for the following purposes

• organisational and production needs,
• safety at work,
• the protection of company assets.

These instruments may be installed subject to a collective agreement with the trade unions and in any case may not be installed to monitor the employees’ work.

Use of video footage for disciplinary purposes

If the objective of Article 4 of the Workers’ Charter is to protect the worker from remote monitoring of his or her work performance, why has the Court of Cassation held that recordings can be used as the basis for a disciplinary complaint?

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