Video surveillance at work: what may change for employees and employers

Ukraine is discussing a new Labor Code that aims to modernize labor legislation and take into account the current realities of digital work. One of the most controversial aspects is the possibility of video surveillance in the workplace and monitoring of employees’ electronic correspondence.

This refers to draft law No. 14386, submitted by the Cabinet of Ministers of Ukraine. The document stipulates that video surveillance and monitoring of work files may be used as exceptional measures. In particular, Articles 35 and 36 of the draft give employers the right to conduct video surveillance on their premises or territory, as well as to monitor work correspondence or documents created on work devices.

At the same time, the draft law establishes a number of restrictions. Video surveillance cannot violate an employee’s right to respect for their personal and family life. Before installing cameras, the employer must prove the objective necessity of such a measure and notify the employee in advance of its introduction and the location of the technical means of control.

Article 23 of the draft defines the methods of notifying the employee: familiarization with a signature, use of electronic communications provided for in the labor or collective agreement, or sending documents by mail. This means that the employer is obliged to ensure transparency of control and confirmation of the fact of informing the employee.

Separate rules apply to video recordings. The employer must store them for at least three months and provide the relevant fragment at the employee’s request. The transfer of recordings to third parties is permitted only in cases expressly provided for by law or with the written consent of the employee.

Monitoring of work correspondence and files is also defined as a last resort. It may only be used if there are no other effective means of monitoring the performance of work duties. In this case, the employer is obliged to justify the need for such monitoring and not to violate the employee’s privacy.

Despite the safeguards in place, experts point out that a significant part of the control mechanisms actually remains in the hands of the employer, since it is the employer who determines the procedure for recording video footage and the method of informing staff.

If you have any questions about the new labor laws or protecting your rights at work, reach out to the lawyers at Strategic Advocacy for some professional advice.