Zhongxin Jingwei, February 18 (Chang Tao intern Tao Jinbo) A few days ago, the layoffs of an Internet company accidentally triggered public concern and controversy about the employee monitoring system.
A recent survey by Zhongxin Jingwei found that "employee monitoring" has become a business. Some related system service provider staff said that their program can monitor employees' network usage in the case of "unconscious", such as web browsing records, chat records, etc., and can also monitor the screen in real time, and even analyze the risk of employee departure, charging 350 yuan per installation on a computer.
The lawyer told Zhongxin Jingwei that although the company's use of software to monitor the work of employees is reasonable, it is necessary and obliged to inform employees in advance. If employees are unaware of the company's installation of monitoring software, using office computers or networks to process and transmit information involving personal privacy may cause their privacy to be infringed.
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"Monitor employees' job-hopping tendencies" is controversial
According to media reports, on the evening of February 11, some netizens disclosed an employee behavior monitoring system on Weibo, and said that the system can learn in advance whether employees have the intention to jump jobs, which immediately triggered heated public opinion. It is understood that the monitoring system page is consistent with the product introduction page of a software "Belief Service Behavior Perception System BA" developed by the A-share listed company Xinxin Service Technology Co., Ltd. in 2017.
According to the official website of the company, the "behavior perception system" can solve the "pain points" such as "how the risk of personnel leaving" and "how about the employee's sabotage", such as the product can provide "departure risk analysis" and "work efficiency analysis" and other functions, which can find potential employees at risk of departure in advance and give the basis for judging the risk of departure.
However, at present, the controversial "behavior perception system" has not been able to retrieve product introduction and publicity cases on the official website of The Company.
On February 16, Zhongxin Jingwei consulted the customer service of The Service sales as a customer, and the customer service said that at present, the company can provide services such as employee online monitoring and leakage channel control, but for monitoring and predicting the tendency of employees to leave, it said, "I believe that the service has never been this service, you must be mistaken." ”
However, on the same day, a business person who believed in serving said, "There is no departure (tendency) monitoring for the time being, and the specific reason is not clear to me, and other services such as Online behavior monitoring are normal." ”
In view of whether the above-mentioned "behavior perception system" has been suspended, Zhongxin Jingwei called the secretary of the board of directors on the 18th, and a staff member said, "We are not clear, and we will not comment on this matter for the time being." ”
According to the Tianyancha App, in March 2018, XinxinFu publicly applied for a patent called "a method, device, device, device and storage medium for analyzing the tendency to leave", which analyzes the methods of employee departures, including monitoring employees' online behavior and analyzing the risk level of employees' tendencies to leave.
According to the media citation of Jiang Wenguang, secretary of the board of directors of the company, the "behavior perception system BA" is not recently listed, work efficiency analysis, departure tendency analysis are a function of the product, the company does not monitor whose data, this is the customer's own behavior.
For how the products of The Service monitor employees, the business personnel of the Service of Faith Service introduced to Zhongxin Jingwei that the relevant system is implemented through the intranet and does not need to be installed on the employee computer, "according to the company's network environment, matching." ”
The installer can still monitor employees "unknowingly."
Zhongxin Jingwei noted that it has become a business to sell employee monitoring systems and provide corresponding services. In addition to monitoring employees through the intranet, there are also some systems, although the installation of the program on the employee's office computer, but still can be "unconsciously" to monitor the employee.
Net Manager is a terminal security management system, the product sales staff told Zhongxin Jingwei that their software can monitor the network usage of employees, including web browsing records, chat records, real-time screen monitoring, etc., administrators can even directly intervene in the sending of employee chat content, blocking "inappropriate remarks" sent by employees.
"Our software operates transparently, and they can't find out for themselves without telling their employees." According to its introduction, the network housekeeper terminal security management software is divided into "management end" and "client" two parts, the user needs to install the client program on the employee computer, in the process of employees using the computer, the manager can observe the network usage of all employees during working hours through the management end, and can also analyze the employee's departure tendency through the algorithm that comes with the software.
Monitor background page Courtesy of the interviewee
According to the example diagram provided by the above-mentioned network housekeeper staff, the software's own analysis system can divide the employee's tendency to leave into three levels: high risk, suspected, and suspicious. If employees have submitted resumes, applied for positions, etc. during the process of browsing the web, they will be judged by the system to be high-risk, and if they only visit the recruitment website multiple times, the system will mark it as suspected.
According to a "function details" sent by the staff, the network manager divides the user monitoring function into more than 20 modules such as device control, terminal management, network management, etc., involving almost all Internet behaviors such as employee web browsing and software use, and the manager can also retain evidence through screen recording.
Monitor part of the features courtesy of the interviewee
"Software is charged according to the amount of installation, charging 350 yuan per computer installed, and five units are sold. Each functional module can be purchased in a package, or it can be purchased in separate modules, each module is 50 yuan, and three modules are purchased at the minimum. Don't worry about the number of employees exceeding the scope of the software, we can monitor how many employees you have. Said the above-mentioned staff.
Lawyer: Monitor employees, it is necessary for enterprises to inform in advance
According to an experienced human resource management person, the current phenomenon of using software to monitor employees is very common in China, especially in Internet technology companies. In fact, this kind of software has existed for more than a decade, initially used for traffic protection, to prevent employees from watching videos or listening to songs during office hours, affecting the normal office, and later more for protecting the company's confidential documents from being leaked, until now it has increased the tendency of employees to leave the statistics of such content.
After the controversy over "monitoring employees' tendencies to jump jobs," one of the public concerns was whether such surveillance systems were suspected of violating employee privacy.
In this regard, Yang Baoquan, a senior partner at BOC Law Firm, said in an interview with Zhongxin Jingwei that the monitoring system itself does not involve infringement, it is essentially the same as the camera, it is a neutral tool, whether it constitutes infringement mainly depends on the use of the enterprise. In particular, when it comes to the collection of employees' personal information, it depends on what the purpose of the employer's use is, whether the company monitors whether the employee's information is used for other unreasonable purposes, and whether it exceeds the scope of reasonable application.
Yang Baoquan said that according to the relevant provisions of the Civil Code and the Provisions on Technical Measures for Internet Security Protection, the company installed computer monitoring software in the workplace, and did not illegally disclose and disclose the personal information of employees to the public, but the company monitored the behavior of employees during working hours, which belongs to the company's rights. At the same time, according to the relevant provisions of the Labor Contract Law, if the company's monitoring period is during working hours, if the monitoring area is in a public work area, the activities of employees here are naturally regarded as public activities, so the company has the right to set up cameras in the office, and also has the right to use monitoring software to supervise the use of the network by employees.
Yang Baoquan further said that although the company's use of monitoring software to monitor the work of employees is reasonable, the company also has the need and obligation to inform employees in advance, and it is best to inform them in writing. If employees are unaware of the company's installation of monitoring software, using office computers or networks to process and transmit information involving personal privacy may cause their privacy to be infringed. (Zhongxin Jingwei APP)
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