Locating an Employee

The Act on Electronic Communications Services includes provisions on the subject of locating an employee. The employer may have a need to locate an employee, for example when the work is not done at the regular workplace. This situation may arise for example when a working station is mobile. The locating may be done for example by locating the employee’s mobile phone.

The employer must ask for the employee's consent before starting the locating. The employee’s consent is an absolute condition for locating. Therefore, locating is prohibited without the consent. The employee has the right to withdraw their consent. From an employment law point of view, however, the situation is unclear, because in accordance with the Employer’s Right to Supervise Work [Employer’s Right to Supervise Work] organizing the work resides with the employer. If the employee refuses to be located, locating cannot be used on them. In these situations, the employer may have to alter the clauses in the employment contract or even terminate the employment.

The above mentioned applies only to locating the employee, from which, inter alia, locating vehicles, loads and containers must be distinguished. Although locating a container can reveal the location of an employee alike, an employee’s consent is not needed according to law.