This paper examines the connection between the privacy of workers and the power of employer control with reference to the Spanish legal system. The general aim of Constitutional principles and Statute of Worker's Right is to defend workers' privacy from intrusive or disproportional attacks on their private domain. In this perspective Spanish legislation delimits employer authority by subjecting it to two limits which cannot be avoided. The first is that employer control is restricted to ascertaining that workers fulfil their contractual obligations and duties; however this control is conditioned by the contract cannot go beyond the bounds which are directly related to the contract.
The second limit is the dignity of the worker, as stated in Article 10.1 of the Spanish Constitution, and his/her right to privacy (Articles 18 of the Constitution and 4.2 of the Statute of Workers' Rights). The Spanish legal system prevents any type of control of the employee's private life which is not connected to technical or organizational aspects of work, and any type of supervision which encroaches on the freedom of the person, at the very core of the right to privacy.
International Journal of Comparative Labour Law and Industrial Relations