The boss monitoring MSN white-collar angrily resigned
Industry: special types of monitoring required advance notice of lawyers: employees can resort to the law
Fan Yanping of our newspaper reporter
" Suddenly found company MSN, QQ is the boss monitoring, what will you do?" A few days ago, in a popular forum posts, for" music in Zaiqi said," one of his friends because the boss stole the husband dialogue, angrily resigned. This post immediately caused numerous netizen heat to discuss.
Journalists through various efforts, linked to the angrily resigned victim Huang Qiong (a pseudonym ), that is" music in my Zaiqi". And the legal profession made it clear: the company had violated the employee 's right to privacy, employees can file a law suit.
A post cited denounce
Unit MSN monitored by netizens" exaggeration"
Netizen " music Zaiqi" hair post says," one of my friends, in a fortuitous time found that MSN and QQ are the boss monitor, she and friends, lovers say all in the boss's grasp, but prior to the boss did not notice, she is very upset, ready to resign the. I support her decision, if it is me, will resign. The sisters, if it is you, what will you do?"
Viewing the TS, immediately bring a lot of netizens sympathy, many netizens response was" no, this company is terrible!" " Really exaggerated! The staff also have privacy!" We feel that the boss 's not human, violated the employee privacy. " Le Zaiqi" also emphasized that, although heard of some companies will take monitoring way, but at least to advance and employees say, such secretly monitoring scary, was suddenly found it unacceptable.
Of course, there are also some net friends to think my friend response extreme, if therefore resign, not worth it. Netizen " raise a pig calf " mother said, her company employees were monitoring. Netizen " mysterious apple" also think this is very normal, because" a lot of companies like this, monitor employee to have in the chat, lazy." Some netizens think that even if your friends for a new unit also monitors, resignation is not much significance.
According to the Vivianlu, formal companies generally do not allow QQ or installing such software, many companies have entered the domain, almost complete control of their computer, have the right to manage all the behavior at work.
The reporter connected parties
In order to investigate the work, boss. I and husband private chat
After nearly a month of efforts, in a variety of lobbying, just leave the original company's" music Zaiqi in yellow", Joan (alias ) before finally plucked up the courage to make a telephone call to the reporter.
" I was posting on the Internet just letting off steam." Huang Qiong admits, the MSN by monitoring person is not her friend, she is I, for which she handed in her resignation in March, in the original company for just over a month later, the two days will be the new company to work.
Huang Qiong tells a reporter, she was in the original company is engaged in administrative work, shortly before the company let her buy a number of office supplies, the accounts out, someone suspected her of falsifying accounts, eat rebate. To this end, the company launched an investigation. Due to not do guilty thing, yellow Joan did this thing in your heart. Who knows, one day, the boss will she called into the office, asked a, opened the computer, showing a picture of. The screen was showing is that she and the stationer chat screenshot. Huang Qiong looked almost no gasping for breath.
" I MSN a few people, the boss does not know the stationer, also do not know each other's ID, certainly will all my contacts, chat records one one open to find each other." Huang Qiong on the phone is very excited, she told reporters, their own MSN has both the husband, personal friends, and colleagues, as a consequence, she and husband of an intimate dialogue was also exposed to see.
" In fact, the conversation is not proof that I take kickbacks. Boss later felt feel shy, put forward to want to invite me to dinner, euphemistically apologized, but I do not agree." In this happened not long after, yellow Joan to boss resign resignation, in particular, the boss asked her, whether because of chatting record a matter to heart, yellow Joan do not have a positive answer.
Huang Qiong said, when that happened, she felt all privacy being exposed. " My boss is a man, sometimes I and female friends on MSN chat some female topic, these may also be the boss saw. Also, colleagues privately inevitably some ideas to the boss, these have also been the boss ' panorama '." According to Huang Qiong said, when she resigned not long after, and a few colleagues have gone, she suspected that they were behind the boss, because discussion complaining and expulsions.
Network management revealed : the boss will regularly check their chat logs
Huang Qiong found it unacceptable, prior to this, she is the private enterprise in the employee, the employee has never been declared chat monitor, also did not say to do not chat, or she can register another one for the MSN.
" It is no wonder that shortly before the personnel manager before leaving reminds us that, to be careful." Huang Qiong told the reporters, after the incident, she learned from the network that, boss will regularly check the staff to chat. It makes her feel almost to collapse, I have nothing to hide, everywhere beware. " The boss what tune our chat record? Never said before." In a rhetorical question, network management make an ambiguous statement to explain that, the company network monitoring function is not very powerful, as long as the usual leave no chat is.
The boss is how to do this? Huang Qiong checked on the Internet, originally wants to monitor MSN chat records easily, as long as the Internet a boss assistant easily through the server, and network management, employee chats also stick out a mile. After returning home, she and her husband about it. Husband angrily," he found you, you can also find him." In an online search, husband provides reconnaissance technology. But Huang Qiong thought, it is too boring, no need.
[ ] the weapon
Install Monitor version does not retain the chat record
At the forum, many netizens for sharing ideas, the idea of how to deal with such monitoring, some netizens proposed can let master reverse installation of monitoring software, the boss will not be able to see the employee's chat. Also the netizen expresses, if must have QQ, MSN, with network edition.
" Princess 080928" comfort" music Zaiqi" said," never mind, need not worry too much. Our company from the beginning of the year to monitor our computer, I started to know this news is a little nervous, concerned about privacy. Subsequently, our company technical personnel in private, let us in the MSN installed on the anti monitoring chat versions, the company failed to monitor chat contents. QQ chat software itself is monitor version, as long as not to chat records stored in the local computer, not the specific content of monitoring to chat. Such companies can only through the MSN and QQ control to your position, but the specific content or monitoring is not, so do not worry too much."
Also the netizen act in a diametrically opposite way, that" if the monitored, in chatting with colleagues, was hard to say how good the boss."
HR eyes" monitoring door"
Special types of monitors
Must have prior to employees
The company really allows random chat monitoring staff, personnel HR to monitor events to see how it is? Reporters interviewed several HR.
In a Japanese company HR & Legal Mr. Liu said," do not properly." He thinks, Msn equivalent staff network mobile phone, personal communication tools, the company should not be involved in personal privacy, unless prior had declared, publicity work time can not be private exchanges, or in violation of the labor contract.
Another one in a culture media to the HR Miss Li said, her company take practice relatively humane, as long as the employees at work to complete the task in time can be. The employee does not affect the work under the premise, not on the staff of the chat work monitoring.
" But I think the confidentiality of the strong, the specific nature of the Department, may be taken to monitor, prevent commercial secrets or important information leakage." But Miss Lee said, if the company didn't say to monitor, belonging to an invasion of privacy, at least to inform the staff, if private chat, what are the consequences of what measures will be taken, the company."
Miss Lee said, now many enterprises young employee mobility is relatively large, if the corporate culture is not enough humanity 's words, will stay. The boss had to say. Now some young employees, to look againer, protection consciousness strong. The boss to keep people, must proceed with caution.
Is the invasion of privacy
Employees may be able to file a lawsuit
On this issue, the reporter interviewed Shanghai City Haihua Yongtai lawyer, Shanghai City Bureau of Justice Legal Aid Counsel assigned Lin Rong, he said, if the company will chat log backup or open, violated the privacy of employees. Even though the company employees in the entry unit prior written notice, does not allow private chat, later once the company public employees in the MSN, QQ personal dialogue, is also a tort.
" I think, even if written informed, nor to the interests of the company citing violations of employee privacy. The name of the company is to prevent information leaks, but this is like to guard against theft, supermarket staff searched, this kind of behavior, are violations of personal rights of citizens."
Lin Rong said, the employee may justify, to the legal proceedings, the prosecution of the company 's legal representative, violations of civil right, legal right of privacy.
However, Bayashi Ya points out, at present employment market of asymmetric, so some employees know that this is a kind of tort, can only swallow insult and humiliation silently, do not know how to safeguard their legitimate rights and interests.
Shanghai Youth Daily.""