2025

TWO: https://www.doi.org/10.31178/AUBD/2025.05

Abstract:

Undoubtedly, in recent times, we have been witnessing a redefinition of traditional work—which involves an employee physically going to the office, performing their duties within a predefined timeframe, and the methods used to supervise and monitor an employee’s work. Especially in the post-pandemic period, employers have allowed hybrid forms of work, such as telework or work on digital platforms, which give employees more flexibility regarding working hours and work organization. However, at the level of public institutions or authorities, when the state acts as the employer, there remains a reluctance to adopt these forms of work.

Telework is an example of how both the space and time of work are being redefined. It offers advantages in terms of work flexibility, while also raising certain issues related to monitoring of work, respect for the right to privacy and protection of personal data—including the right to disconnect—as well as the clear distinction between an employee’s professional and personal life.

Furthermore, when it comes to work carried out on digital platforms (i.e., via a website or an app), it is absolutely essential that workers be granted rights designed to promote accountability, fairness, transparency, and occupational health and safety.

In this context, the natural question arises as to whether employers can still monitor and supervise how employees perform their job duties using traditional monitoring tools. To answer this question, we believe that, first and foremost, a shift in mindset regarding work is needed on the part of both employers and employees. This evolution does not imply abandoning the principle of subordination, which remains a defining element of the employment relationship, but rather an adaptation to a modern legal and organizational framework that balances the rights and obligations of the parties.

Keywords: telework , digital platform, monitoring and control tools, labor mobility.