Uitspraak
RECHTBANK ZEELAND-WEST-BRABANT
1.Het procesverloop
2.De feiten
6.Non-Competition.
24.Penalty Clause
I have accepted a position in this Company. I understand that the first 90 days of employment are considered introductory. Furthermore, I also understand that completion of these 90 days of employment, does not constitute an employment contract. My employment with this Company is an “at-will employment,” which means that I or this Company, may terminate the employment relationship for any reason, with or without cause and/or previous notice, at anytime.”
I don’t feel comfortable being monitored for 9 hours a day by a camera. This is an invasion of my privacy and makes me feel really uncomfortable. that is the reason why my camera is not on. You can already monitor all activities on my laptop and I am sharing my screen.”.
Hi [naam verzoeker] ,
3.Het verzoek
4.De beoordeling
refusal to work’
en‘
insubordination’, ofwel werkweigering en ongehoorzaam of weerspannig gedrag.
(…) that video surveillance of an employee in the workplace, be it covert or not, must be considered as a considerable intrusion into the employee’s private life (…), and hence [the court] considers that it constitutes an interference within the meaning of Article 8 [Convention for the Protection of Human Rights and Fundamental Freedoms]. Any interference can only be justified under Article 8 § 2 if it is in accordance with the law, pursues one or more of the legitimate aims to which that provision refers and is necessary in a democratic society in order to achieve any such aim” (ECLI:CE:ECHR:2017:1128JUD007083813, § 55).