Can I use video surveillance to sanction an employee who stole me?

Within my company, I have set up a video surveillance system.Suspected one of my employees to divert the money present in the cash register, I viewed the bands emitted by the cameras.My suspicions proved to be founded.Can I rely on video surveillance to sanction my faulty employee?

Video surveillance: inform employees

You can, as an employer, set up a video surveillance system for a specific need for your business activity, for example, in order to prevent attacks, flights (for example, in a bank or a supermarket)or to monitor a dangerous position.Such implementation should not have the object of constant monitoring of your employees.

However, be aware that the video surveillance system is only exploitable on the sole reserve that it has been brought to the attention of your employees.TheLabor Code provides that no information concerning personally an employee can be collected by a device which has not been brought to his knowledge (labor code, art.L.1222-4).Thus, inform your employees beforehand when the system allows to control their activity.

Video surveillance: in the absence of information, the evidence is illicit

The use of evidence obtained via a video surveillance system depends on the information that the employee has had his implementation.If you are unable to demonstrate it, then the evidence obtained is not lawful.

Thus, the evidence obtained through video surveillance is only lawful if you demonstrate that your employee is aware of the implementation of such a system.

Very recently, the Court of Cassation recalled this rule and judged, in the case subject to its appreciation, that the exploitation of video surveillance images was illicit due to the lack of information from the employee of the existence of the systemmonitoring.In the present case, the employee had even recognized the facts before the gendarmerie services, which is, according to the Court of Cassation, without incidence because the process of obtaining evidence was illegal.As a result, the dismissal for serious misconduct pronounced against the employee is devoid of real and serious cause.

If you have or want to set up a video surveillance system, you must therefore inform your employees of such an implementation.Otherwise, you will in no case be able to use it as evidence.

Such information is done by mail or email addressed individually or directly via the employment contract (or an amendment).Complete this individual information with a display.

It is under this single condition that you can use the images produced by surveillance cameras to sanction an employee.

Pour plus de précision sur votre pouvoir disciplinaire, les Editions Tissot vous proposent leur dossier «La discipline et la procédure disciplinaire ».

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Author: Carole Anzil

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