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Is it legal to require wfh employees to open webcam for monitoring productivity?
Hi everyone.
It is legal to require wfh employees to open webcam? To monitor productivity. Thanks
16 Replies
I've worked with a US company which required us to use Upwork timetracker and cam, and I've stayed with that company for 2yrs. The team grew from hundreds to almost a thousand, and they are now in an office-based set-up. It was required way back then because there were cases of "sub-con" wherein an employee was hired and that employee asked another person to work on his behalf. I guess so long as you are working as expected, you wouldn't mind. If it bothers you, then it may not be the right job for you. One thing, the company won't judge you kahit nakapangbahay ka or butas2x na shirt ang suot mo. Skills and integrity ang puhunan, and you should be fine. 😉
I bet its to make sure ikaw yung gumagawa ng work.
Kalat kasi yang ganyan, sila mag apply pero iba gagawa. I know this can be done in other industries pero sa calls kasi hindi pwede yan.
Ginawa din to samen ng dati kong employer way back 2012. Naka screenshot + webcam. Pag na capture na wala kami sa chair at nag screenshot bawas yun sa time namen eg nag cr to pee. Ganun ka toxic. Praning na baka iba ang gagawa ng work etc. Pero yung client na yun ay major trust issues! Btw, di siya ang original boss namen, pinalitan nya lang yung dati nameng boss na super bait naman. So baka segurista lang sila or major trust issues din yan.
IMO, the company wants to make sure that you are not malingering or loitering, which is already a common issue in the office and so much more at a work-from-home setup where they have no controls whatsoever. So yes, it can be a basis for productivity from a usual screenshot tracker, and to make sure that you are physically present during work hours and not somebody else doing it.
Sharing by experience. 🤗
If employer wants productivity, employer should monitor your screen not your face. Unless you are in teaching industry.
Pa-review naman po ng Cyber Crime law Sec 3 m
https://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/
Hindi ko po kasi gaanong maintindihan yung ibang legal terms.
Wag ka pumayag. Wala naman sa usapan yan unless may pinirmahan kang waiver. And for sure may tool na available to monitor your hourly/daily/weekly productivity.
Usually it is only in the workplace na gagamitin ang webcam, so pag requirement eto ng isang client, you either comply or get a new job/client. Many freelancers have these types of clients. Kung sa upwork lang, there is monitoring by webcam photos every 5-8 minutes or so.
If webcam ang requirement, most likely, the reasonable is kung nag wowork ka, kita yung face mo. if mag CR ka, it will be turned off or you will be out of view kasi tinayu-an mo ang workplace mo.
The client can "legally" ask you this and that can be "legally" applied except nalang if they require you to air everything pati pag bihis, CR, tulog mo. You can talk to your client about this requirement if you feel uneasy. It depends if ok lang sa kanila na wag nalang, but if not, you also have a choice not to agree, which may mean you disagree with a contract and you will not work for them.
Ano ba nature ng work? Kasi productivity diba? Baka may ibang ways to measure yung productivity kesa yung papanoorin mo sila sa webcam.
Pano magiging question of legality if not stated in your contract na pwede or hindi?
A better question, bakit ni require in the first place?
Time tracker not webcams unless you're doing tutorials. Mas importante ba sa kanila and ginagawa mo physically or what you're doing on your computer? Kasi it can be you're in front of your computer pero nag fe-facebook ka lang naman. And also, that's totally not okay for me as akin lang ha. Kasi syempre we were our comfortable clothes and naka cam tayo diba. Kaya nga nag homebased para di an aksaya sa damit or office attires. LOL
My short answer would be - Not legal.
For the simple reason that it's tantamount to an invasion of one's privacy. This right cannot be defeated by a mere company policy. Productivity can be measured and/or monitored by way of written reports.
Second, if the office will tell na "sa opisina ko may cctv di ka nagreklamo pero ngayon webcam sa bahay mo ayaw mo, e pareho lang camera un" The answer for that is No pa din. In the office, cameras are placed in order to protect their property and to have a record if there will be untoward incidents. In our homes, wala na po ito e. So cameras will not be necessary especially kung productivity lang naman ang paguusapan
Actually, this poses a good legal question po at mukang dadami ang mga ganitong kaso ngayong wfh ang mga pipol. Sariling opinion ko lang din po yan galing sa mga nabasa kong law books 😃
depende po sa setup na gusto ng employer. mas common po ung mag install ng time tracker.
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