Votre employeur peut désormais utiliser des preuves obtenues de manière déloyale contre vous !
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🛠️
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00:00 Since December 2023, your employer can use evidence obtained in a disloyal manner against you in the event of a dispute.
00:07 Until now, exchanges of SMS, professional emails and video surveillance images could only prove the fault of an employee under very strict conditions.
00:16 But French jurisprudence has recently aligned itself with the European Court of Human Rights, which has admitted the validity of illicit evidence since 2020.
00:23 To be receivable, the evidence must still meet very specific criteria.
00:27 The salary gain must be proportional to the pursuit goal, and it must be the only use of the employer to obtain information.
00:34 On February 14, 2024, the Court of Cassation approved the use by an employer of video surveillance to prove thefts in his pharmacy, even without informing the concerned employee.
00:44 Video surveillance has been here considered essential to the good functioning of the company and has taken the step on the right to the private life of the employee in question.
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