On February 1, 2020, Company B installed multiple high-definition surveillance cameras in the work area, one of which was located above the desk of an employee, Ms. Zhu. Ms. Zhu believed that the camera captured her personal privacy, so she used two umbrellas to cover the camera while not obstructing the normal operation of other cameras.
After two oral communications between the HR manager of Company B and Ms. Zhu, the company sent two written “warning letters” to Ms. Zhu. However, Ms. Zhu continued to use umbrellas at her desk for more than ten working days.
On March 7, 2020, Company B terminated the labor contract with Ms. Zhu, citing her serious breach of discipline in using an umbrella at her desk.
Ms. Zhu believed that Company B’s termination of the contract was illegal and filed a lawsuit seeking compensation.
However, the case was dismissed in the first instance, second instance, and retrial.
The final judgment stated the following :
1. Was Company B’s installation of surveillance cameras in the office reasonable?
According to Company B’s statement issued before the installation , the purpose of installing surveillance cameras was to ensure the safety of people, property, and assets in the workplace.
The installation area was a common area where multiple people worked, rather than an individual’s personal workspace. It was not a private living area of employees. The camera was installed in a typical corner location to monitor the area without blind spots.
The installation of surveillance cameras by Company B was considered a reasonable act in line with the general management rights of employers. Ms. Zhu failed to provide evidence that Company B had any other purpose for this installation. The court found that Company B’s installation of surveillance cameras in the office was not inappropriate.
2. Did the installation of surveillance cameras infringe on Ms. Zhu’s personal privacy?
Ms. Zhu claimed that the camera’s position infringed on her rights, but the specific analysis based on the evidence she provided did not support her claim. As an employee, Ms. Zhu was expected to accept the employer’s management in terms of working hours and workspace. Although surveillance cameras might capture her account passwords, these passwords were meant for work-related tasks, not personal matters, and did not fall under the category of personal privacy information.
As for Ms. Zhu’s claim that her location could be filmed, in practice, proper dressing in an office environment could easily prevent any so-called “indecent exposure” issues.
3. Did Ms. Zhu seriously violate labor discipline?
Ms. Zhu continued to use an umbrella at her desk to avoid surveillance cameras for more than ten working days, despite four instances of verbal and written communication by Company B.
Her refusal to comply with company management not only had a negative impact on other employees but also undermined the effectiveness of the company’s management system. Therefore, her behavior constituted a serious violation of labor discipline. Company B was within its legal rights to terminate the labor contract with Ms. Zhu.
The main controversy in this case was whether Company B’s termination of the labor contract was illegal. In essence, it deals with the boundaries of protecting employee privacy rights when there is a conflict with company management regulations.
First, according to the General Principles of the Civil Law of the People’s Republic of China and the Tort Liability Law of the People’s Republic of China, the right to privacy is a personal right of citizens. It emphasizes a person’s right to control personal information, private activities, and private areas unrelated to public interests.
Employees, as natural persons, have the right to privacy. However, due to the derivative nature of the employment relationship and the special characteristics of an employee’s activity space, the employer’s right to manage inevitably limits the employee’s right to privacy to some extent. Protection of an employee’s right to privacy in the workplace must also take into account the special nature of labor relations.
While employees are entitled to the special protection provided by labor laws (you may check our previous post for more information: What are the Rights of Employee in China?) they are expected to comply with the necessary supervision and management by the employer in the workplace, as long as it does not violate their personal privacy. The employer has the right to exercise management reasonably.  Â
Of course, the installation of surveillance cameras by the employer in public office areas must have strict internal control regulations for the time and space scope it covers，and an important prerequisite is to provide clear and explicit notification to employees to ensure their right to be informed.
The extraction and use of content must follow certain procedures and should not violate relevant laws and regulations. This reflects the balance between the employer’s pursuit of management objectives and the protection of the employee’s right to privacy.
