Recently, with the rumors of low-key layoffs in the Q & a online community, a system known to monitor employees' turnover intention has entered the public eye. However, Zhihu responded that Zhihu had never installed and used the online behavior perception system, and would not enable similar software tools in the future. It is understood that the page of the monitoring system is consistent with the product introduction page of a software "Shenxin behavior perception system ba" developed by Shenxin in 2017, which makes Shenxin fall into the forefront of public opinion. Deeply convinced, a salesperson told the media that the company's service can help enterprises "judge employees with turnover intention" and "record employees' online behavior". But the salesperson stressed that "this is very legal and is used by many companies". Some netizens said that their company has also installed a similar system. Company managers can check the online records of employees through the background to see whether employees "fish" at work and transmit confidential documents. Some netizens said that they were laid off by the company soon after submitting their resume, and the suspected information was monitored by a system called "turnover intention analysis". So, does the behavior of "peeping" employees browsing relevant websites and apps in the company by technical means infringe on employees' privacy? How to balance the privacy of employees and the management of enterprises? In this regard, the reporter recently interviewed relevant experts, judges and lawyers. The development of monitoring technology itself is not illegal The reporter noted that recently, a screenshot of "details of employees with turnover intention" widely circulated on the Internet shows that an employee of the customer-oriented Department of an enterprise visited the job search website 23 times, delivered his resume 9 times, and listed the recruitment website and delivery time to which each resume was delivered. Insiders pointed out that many enterprises have developed employees' online behavior perception system, which can monitor employees' violations of company management regulations, use non work related applications during working hours, visit job search websites, use illegal applications and other behaviors, and provide evaluation reports to let the company know whether employees "fish" or have turnover intention during working hours. In November last year, a well-known enterprise issued a "notice on punishment for violation of employee code of conduct", which was circulated on the Internet. According to the notice, employees can be monitored for brushing short videos, listening to music, shopping and ordering takeout during work. This has triggered a discussion about the relevant monitoring system and whether the company infringes on employees' privacy. So, is it illegal for enterprises to develop relevant monitoring systems? In this regard, Li Huizhuo, a judge of the first civil trial division of Beijing Daxing District People's court, told reporters that the technology itself is neutral, and the development of monitoring technology itself is not illegal. Sometimes monitoring technology can also promote social harmony and stability, such as assisting in online pursuit or parents' positioning protection of minor children. Improper use of monitoring technology by enterprises or infringement Li Huizhuo believes that the research and development of monitoring technology itself is not illegal, but the improper use of monitoring technology by enterprises may cause infringement and constitute an offence. "Similar phenomena such as monitoring employees' turnover intention through technical means are the product of the development of science and technology. From a legal point of view, this issue involves the conflict between enterprise management rights and employees' personal privacy." Cheng Yang, a lawyer from Beijing Lantai law firm, told reporters that according to Article 13 of the personal information protection law, if an enterprise wants to collect employees' online personal information, it should obtain the individual's consent or prove that the collection of such information is necessary for the conclusion and performance of the contract to which the individual is a party, Or necessary for the implementation of human resources management in accordance with the labor rules and regulations formulated according to law and the collective contract signed according to law. "In other words, the key to whether to infringe on the rights and interests of employees lies in whether the enterprise can inform employees and obtain their consent, or whether the enterprise can prove that the collection of information is necessary for human resource management. However, it is generally believed that understanding employees' turnover intention is difficult to identify as necessary for human resource management." Cheng Yang said. Li Huizhuo said: "workers have the freedom to leave, and the intention to leave is the intention of workers to choose a career. It is not something that workers must inform employers in the process of performing the labor contract, and the unit has no right to monitor workers on this ground." In addition to monitoring the turnover intention of employees, many enterprises will also monitor the online records of employees' working hours and analyze the length of time that different employees visit the slowdown application. In this regard, Cheng Yang believes that if the company regulates employees' non work behaviors during working hours, it also needs to start from the perspective of the legitimacy and rationality of the system and can not act arbitrarily. How to balance the right of enterprise management and the right of employee privacy? In recent years, enterprises often use technical means to monitor employees in a variety of ways. However, Shen Jianfeng, Professor of the Law School of the Central University of Finance and economics and Dean of the Law School of the China Institute of labor relations, believes that even in the workplace, workers also have the right to privacy and appropriate rest. Enterprises cannot unilaterally believe that they can exercise the right of command and management within 8 hours of working hours and ignore the personal dignity of employees. Therefore, enterprises monitor whether employees have turnover intention, whether "fishing" is suspected of crossing the border, and make employees feel insecure, which may reduce employees' enthusiasm and initiative, which is not conducive to improving work efficiency. Therefore, enterprises must have boundaries when using technical means to exercise management power. "The boundary lies in whether it is necessary to implement human resource management and whether adequate notification and consent procedures have been implemented. Moreover, even if the employee agrees, due to the weak position of the employee in labor relations, some obviously unreasonable monitoring of the employee's private email and other behaviors should be limited." Cheng Yang said. Li Huizhuo also believes that the monitoring behavior of enterprises should comply with the law. If it is necessary to inform workers in advance or obtain their personal consent according to the law, employees cannot be monitored and monitored by illegal means; At the same time, it should be limited to the scope necessary for "performing the labor contract" or "implementing human resource management", and the employer cannot monitor workers outside working hours. Even if the monitoring information is obtained during working hours, it is not allowed to improperly use "non work related" personal information, such as disclosing personal privacy information involving employees beyond the necessary limit. "In fact, respecting the legitimate rights and interests of workers, implementing humanized management on workers and using management methods to positively stimulate the subjective initiative of employees may be more conducive to establishing harmonious labor relations and promoting the long-term development of enterprises than monitoring and other methods." Li Huizhuo said. Li Huizhuo also suggested that the human resources and social security department and other relevant government departments can issue policies and departmental normative documents to guide enterprises to legally protect employees' personal information and personal privacy in the process of employment management, and clarify the legal consequences of illegal implementation of employment management rights and infringement of workers' legitimate rights and interests. In addition, if the employer takes advantage of its strong position to formulate relevant rules and regulations that infringe on the employee's personal information or personal privacy, or proposes to terminate the labor relationship with the employee based on illegally obtained evidence, the trade union organization shall actively play its supervisory role. (Xinhua News Agency)