2023-11-02 10:10:39
The former employee, named Alice, was accused of not answering all calls from the center in which she worked, but also of hanging up on policyholders. Questioned by the daily, the forty-year-old admitted her faults but was surprised by the speed of the dismissal procedure, entrusting the matter to a lawyer.
Contrary to the labor code
“I had never had the slightest warning before about my work, everything was going very well. Two months earlier, I had even been given the keys to the center which employs around 70 people. » The legal editor admits to having made a mistake, during a period of tension linked to her workload. But monitoring employees without informing them of this measure is contrary to the recommendations of the National Commission for Information Technology and Liberties (Cnil). Alice’s lawyer therefore felt that her company was “stalking” her.
The industrial tribunal relied on article L 122-4 of the labor code, which states that “no information concerning an employee personally can be collected by a device which has not previously been brought to his knowledge”. “We knew there was software for statistical data. But no one was informed that they were collecting personal data,” underlines Alice, who has since embarked on a reorientation. MAIF did not wish to communicate on this matter and announces that it reserves the right to appeal the decision.
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