A worker who has the given contact details for the worker obtained during recruitment, such as e.g. addresses of the private e-mail or the number of the private telephone, it cannot be used for professional contacts with employees without their agreement.In accordance with Art. 221 § 1 of the Labor Code, the worker shall ask the person seeking the application of the following persons, including: name (s) and surname; date of birth; contact details provided by such a person; development; professional qualifications; temporary employment process.
In accordance with Art. 221 § 3, the employee requests from the employee the submission of additional personal data including: address of employment; PESEL number, and in the case of its waste – the type and number of the document confirming the application; other personal staff taxes, as well as personal data of the children of the staff member and other members of his immediate family, if the filing of such data is final from the point of view of the staff member in accordance with the previous rules of procedure; the establishment and course of temporary employment which did not exist at the time of their request by the person seeking the employment; number of payers if the employee did not submit a request for payment of the income to the owner.
The work code does not yet include the private e-mail address and private phone number as data that the employee has the right to ask the employee. There is also no provision in the Polish legal system that would oblige a person to engage in such means of communication. Disposal of e-mail and telephone addresses is voluntarily required.
In order for the worker to be able to transfer the contact details to the employee who received the recruitment during the plant, such as e.g. addresses of the private electronic mail or private telephone number, they must obtain this agreement (written, addressing the principles of the contact).
Warto bowiem remember that they shine during recruitment, gaining the taxes referred to in Art. 221 § 1 of the Labor Code, and in particular the contact details provided by the person requesting employment, the worker, fulfilling the information obligation, declares that he will be processed only for the needs of recruitment. In the meantime, the new customs duties of the staff, such as contacting them in the service cell, must be obtained in accordance with the staff.
Article 7 RODO acknowledges that the agreement must be voluntary and that the person concerned must be informed of the agreement in a clear and simple manner, written in clear and plain language. In the meantime, if the worker wants to collect the exact contact details of the employee, this must cover all the cells that will be processed in accordance with the applicable taxes. The definition of these cells has a principal sign, not only from the point of view of the rules on labor law, but also from the point of view of the principles of precaution, as referred to in Art. 5 RODO. It should be noted that the possibility of finding contact with the staff after working hours should be limited to the situation in which the general conditions of the meeting would take place.
It must also be borne in mind that the staff member has the right at his sole discretion to do so and that the staff member refuses to transfer the data used on the basis of that consignment.
However, it may not be conditional to justify the unsuccessful treatment of a person seeking employment or a worker, and it may not be subject to any negative consequences, it may not be necessary to do so. statements by the staff (221a § 2 of the Labor Code).
In addition, the situation arises when, in accordance with Art. 221 § 4 of the Employee’s Code of Employment requires the submission of other personal employees of the employee referred to in § 1 and 3 (as well as name, surname, address of employment or PESEL number) if it is necessary to carry out an adjustment or fulfillment of the agreement. .
An example of such a situation could be the search for such contacts, e.g. private e-mail address and private phone number, in accordance with the contractual agreement on the implementation of the Capital Plans with the selected financial institution. The employee has a legal obligation to transfer the persons, among others.
The postal address of the electronic mail and telephone number from the staff member without expressing its agreement to the chosen financial institution, or the staff member shall be provided with such data. The essence legalizing their actions is the art. 6 (1) (c) RODO. It is important to point out that the worker must transfer such data only in order to transfer them to a selected financial institution, which is the case here.