Author(s) Beatriz Monteiro Custódio
Advisor(s) Teresa Alexandra Coelho Moreira
Synopsis The present dissertation aims to analyze the means of remote surveillance. This theme came to light when the development of new information and communication technologies provoked a controversy in the field of Labor Law. Henceforth, we will analyze the development of these new technologies and the implications that these have had on the labor relationship. It will also be analyzed the methods of remotely sensed data such as radio frequency identification, video surveillance and GPS. The main issue being discussed throughout this dissertation is the fact that there is a need to find a fair balance between the rights granted to the worker, namely personality rights and fundamental rights, and the powers conferred on the employer, such as the power of direction and control. This controversy arises in the sense that it is necessary to find the right balance so as not to violate any of the rights of the workers; to achieve such balance it is necessary to take greater care when using new information and communication technologies and methods of remotely sensed data, since workers’ rights may be limited by the creation and evolution of these same rights. On that account, it arises the question as to whether or not GPS devices can be considered a method of remotely sensed data and whether, as a consequence, they should be governed by the standards set out in Article 20 of the CT.
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