Many employees are still unaware of this, but your employer has certain specific rights to search your belongings in your absence.
It’s almost the end of year holidays and you can’t wait to go sunbathing on a beach or relax in a ski resort. Regardless of the destination, the main objective remains the same: disconnection. If you are not one of the 47% of French people who check their work emails and messages during vacation, it’s a safe bet that you leave your computer at the office before leaving.
An anecdotal action, but which could well cost you dearly when you return from vacation! Many employees don’t know it, but their employer can take advantage of your absence to carry out research on your computer, but not only that.
Indeed, when the situation requires it, your employer is fully capable of making a request to access your office tools and documents. Whether it is your computer, a USB key or an external hard drive, any device deemed to be related to your work can be consulted by your employer provided that certain specific conditions are respected.
First of all, and as we mentioned, these must be devices or locations judged to be linked to your professional activity. Your “my documents” folder on your computer may, for example, be interpreted as necessary for your work, and therefore searched by your superior. If the file in question is marked as something personal, for example with an ambiguous title such as “my vacation photos” or “my wedding videos”, then your employer cannot have access to it without first asking for your consent, or if the security of the company is at stake.
In addition to the documents on your computer and office objects, your employer is also authorized to consult your connections to the various sites that you frequent during your working day by invoking article 226 of the Labor Code. If you are used to planning your vacations, consulting shopping sites or playing games online, your employer can fully ensure this, even if you are not physically present! Your internet connections during working hours are considered “professional” and therefore can be consulted by your employer in your absence.
If your employer discovers activities deemed “unprofessional” during your working time, don’t panic. You are not necessarily going to report to France Travail soon! Your employer must then prove that these activities harm the business and your overall productivity.