The Telepizza system that geolocates delivery men with their personal mobiles comes to an end after the Supreme Court’s ban
The Supreme Court has put end to Telepizza’s ‘Tracker Project’. Using technology to improve worker management is interesting, but there are projects that clearly violate rights and involve disproportionate abuse, as justice has concluded in this case.
Telepizza created this system to geolocate its employees. The company forced the workers to provide their mobile phone to install this application. A Obligation included in the contract of job offers for new distributors and for those employees who wanted to join voluntarily. In return, the company compensated them with three euros a month for wear and tear on their smartphone and with a small equivalent payment for data consumption.
The Supreme Court puts an end to the disproportionate Telepizza project
Behind the complaint from the unions and the resolution of the National Court, It has been the Supreme Court that has settled the matter with the nullity of the Telepizza project. The Chamber has dismissed the appeal filed by Telepizza and has supported the conclusion that this project “violated the privacy rights of those affected by the conflict by failing to pass the proportionality judgment when it was possible to resort to measures of less interference “.
The Supreme Court confirms the nullity of the Telepizza project that obliges delivery men to provide their personal mobile phone for geolocation https://t.co/weoaWAw1zw
– Judicial Power (@PoderJudicialEs) February 25, 2021
The Supreme Court argued that the workers were not given “timely information” on the system, understanding that “the implementation of the Tracker Project had failed to comply with the information and prior consultation requirements established in article 64.5 of the Workers’ Statute.”
Additionally, the justice explains that it was abused by the company, in relation to hold the worker responsible if they had a problem with their personal mobile. So much so, that in these cases a loss of salary was applied. A great pressure for the worker who was not compensated by the bonus at the end of the month, “insufficient” according to the Supreme Court.
On geolocation, the Supreme does not directly question it. They explain it as follows:
“He is not denying that it is a legitimate measure for certain purposes or that it is not going to avoid a competitive trade deficit, at a time when, certainly, this system of providing customer service extends to this and other sectors. but, simply, that the one she has implemented does not exceed the constitutional or legal criteria, when there are other ways of executing that system other than that.
Magistrate María Luz García Paredes points out that Telepizza and its workers could agree on the conditions they deem appropriate, but “here a pact is not being analyzed, but a project implemented unilaterally by the company of which, in addition to not having duly informed the legal representation of the workers, they disagree with it because, together with the foregoing, it even establishes causes of suspension and termination linked to the conduct of the worker outside the legal requirements “.
This ruling is relevant because it will generate jurisprudence regarding the protection of the right to privacy and the limits to the use of data of workers in the workplace. The Supreme Court does not specify the geolocation, but it does points towards the need to inform about this type of tools.
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