İşçinin İşyerinde Elektronik Yöntemlerle İzlenmesi

Abstract

It is known that employers keep to monitoring as a requirement of their duty of supervision to ensure the safety and control of the workplace and workers. With the development of information and communication technologies and their greater involvement in business life, electronic methods are used to monitor workers and as result, employers show an intrusive approach to many fundamental rights of workers, especially workers’ privacy. Especially with the development of artificial intelligence systems in recent years, electronic monitoring has reached a level that we can define as algorithmic monitoring. As a result, many issues have become controversial in the relationship between the employer’s interests and the workers' fundamental rights, and at this point, establishing the balance of interests and rights has gained even more importance. The problems arise not only in classical employment areas but also in new work areas that are formed by the impact of digitalization and economic developments. In this study, electronic monitoring methods that have emerged with the effect of digitalization and are constantly developing, the level of interference with the rights of workers, and the unlawful consequences of these methods are examined in the light of national, international legal regulations, and current judicial decisions.