{"id":162616,"date":"2025-08-13T19:22:54","date_gmt":"2025-08-13T19:22:54","guid":{"rendered":"https:\/\/teknomers.com\/en\/the-court-has-overturned-it\/"},"modified":"2025-08-13T19:22:55","modified_gmt":"2025-08-13T19:22:55","slug":"the-court-has-overturned-it","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/the-court-has-overturned-it\/","title":{"rendered":"The court has overturned it."},"content":{"rendered":"\n<p>A medical visitor from Galicia, who had a stellar performance record and earned close to \u00a0\u20ac5,000\u00a0 a month, found himself unemployed after his company made the controversial decision to hire a private detective to \u00a0monitor\u00a0 his activities. The rationale? Allegations that he was only \u00a0working\u00a0 90 minutes a day. This assertion was vehemently denied by the employee, who claimed he was much more productive. However, the case took a significant turn when the judicial system contradicted the company\u2019s claims.<\/p>\n<p><!-- BREAK 1 --> <\/p>\n<h2>The Detective Stopwatch That Has Not Served at All<\/h2>\n<p>This saga begins in the \u00a0spring of 2024\u00a0, according to the <a rel=\"noopener, noreferrer nofollow\" href=\"https:\/\/www.poderjudicial.es\/search\/AN\/openDocument\/94fa2b0f06567bd1a0a8778d75e36f0d\/20250808\" target=\"_blank\">judicial sentence<\/a>. The medical visitor worked for a \u00a0pharmaceutical company\u00a0, tasked with promoting their latest treatments by visiting doctors. Following a downturn in performance, the company opted to engage a private detective to log his movements and activities during work hours.<\/p>\n<p><!-- BREAK 2 --><\/p>\n<p>The scrutiny was intense; both his company vehicle and the tablet he was using were set up to track his movements throughout the day. What emerged from the detective&#8217;s observations were discrepancies between what the employee reported and what he was actually doing.<\/p>\n<p><!-- BREAK 3 -->  <\/p>\n<div class=\"article-asset article-asset-normal article-asset-center\">\n<div class=\"desvio-container\">\n<div class=\"desvio\">\n<div class=\"desvio-figure js-desvio-figure\"><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<h2>A Demolishing Report for the Worker<\/h2>\n<p>After extensive monitoring across different locations in Galicia, the findings indicated that the worker exaggerated his productivity. For instance, reports showed that in \u00a0Vigo\u00a0, he claimed to have worked four hours and visited 12 doctors. However, the detective timed only \u00a090 minutes\u00a0 of actual activity. A similar pattern emerged in Ourense, where he spent an astonishing 45 minutes in a caf\u00e9 but reported visiting four doctors.<\/p>\n<p><!-- BREAK 4 --><\/p>\n<p>In both \u00a0Pontevedra\u00a0 and \u00a0Ferrol\u00a0, these discrepancies continued, revealing much shorter hospital stay durations than what the employee had recorded in his logs.<\/p>\n<p><!-- BREAK 5 --><\/p>\n<p>Armed with this damning report, the company concluded that the worker had engaged in flagrant abuse of trust. Out of 51 reported visits, they determined he could have made &#8220;five at most,&#8221; leading them to terminate his employment.<\/p>\n<p><!-- BREAK 6 --> <\/p>\n<h2>Productivity Weighs More Than GPS<\/h2>\n<p>The case ultimately reached the higher courts, where the company&#8217;s argument spectacularly backfired. The worker&#8217;s defense did not focus solely on the hours spent physically present at hospitals but rather on the nature of his role and the productivity he demonstrated.<\/p>\n<p>According to the <a rel=\"noopener, noreferrer nofollow\" href=\"https:\/\/www.poderjudicial.es\/search\/AN\/openDocument\/94fa2b0f06567bd1a0a8778d75e36f0d\/20250808\" target=\"_blank\">Superior Court of Justice of Galicia<\/a>, it was noteworthy that the same company had previously rewarded the worker with bonuses up to \u00a0\u20ac4,000\u00a0 for exemplary productivity. The judges concluded that the employee&#8217;s ability to efficiently conduct visits did not equate to laziness, indicating that such evaluations must consider the actual nature of the role, which a detective&#8217;s findings could fail to accurately capture.<\/p>\n<p><!-- BREAK 7 --><\/p>\n<h2>A Pulse Between Two Work Models<\/h2>\n<p>The ruling confirmed the \u00a0unlawfulness\u00a0 of the dismissal and mandated the company either reinstate the employee or compensate him with over \u00a0\u20ac118,000\u00a0. Beyond the specifics of this case, it sparked a broader conversation around work evaluation methodologies. It suggests that, within a judicial context, the archaic method of tracking work hours and physical presence is becoming increasingly obsolete\u2014especially for roles based on autonomy and objectives.<\/p>\n<p><!-- BREAK 8 --><\/p>\n<div class=\"article-asset article-asset-normal article-asset-center\">\n<div class=\"desvio-container\">\n<div class=\"desvio\">\n<div class=\"desvio-figure js-desvio-figure\">\n     <img loading=\"lazy\" decoding=\"async\" alt=\"Help the waiter collect the table seems like a kind gesture\" width=\"375\" height=\"142\" src=\"https:\/\/teknomers.com\/en\/wp-content\/uploads\/2025\/08\/The-court-has-overturned-it.jpeg\"\/>\n   <\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<h2>Techniques to Avoid Time Control<\/h2>\n<p>This scenario isn&#8217;t unique to this case; with the increasing \u00a0digitalization\u00a0 of workplaces, monitoring tools such as \u00a0Teams\u00a0 are also under scrutiny for tracking employee status. Companies are increasingly wary of remote workers, often monitoring their activities closely. Additionally, employees have adopted practices like &#8220;task masking,&#8221; especially among younger generations, who tailor their activities to avoid additional work while still appearing busy. It&#8217;s evident that evaluating employee performance solely based on hours rather than results may no longer be the most effective approach.<\/p>\n<p><!-- BREAK 9 --> <\/p>\n<h2>This Is Not an Isolated Case<\/h2>\n<p>The strategies employed by the company in this scenario mirror those used by numerous other businesses, particularly to counteract potential fraudulent claims by employees. Such actions can be deemed legal under the <a rel=\"noopener, noreferrer nofollow\" href=\"https:\/\/www.boe.es\/buscar\/act.php?id=BOE-A-2014-3649\" target=\"_blank\">Private Security Law<\/a>, which permits investigators to act on suspicions of fraud in workplace assessments.<\/p>\n<p>Images | <a rel=\"noopener, noreferrer nofollow\" href=\"https:\/\/unsplash.com\/es\/@huntersrace?utm_content=creditCopyText&amp;utm_medium=referral&amp;utm_source=unsplash\" target=\"_blank\">Hunters Race<\/a><\/p>\n<p>In today&#8217;s fast-paced \u00a0business\u00a0 landscape, companies face a crucial challenge: balancing \u00a0trust\u00a0, productivity, and ethical monitoring practices. The distinction between physical presence and actual performance continues to evolve, urging organizations to rethink their strategies to keep their workforce engaged while maximizing productivity. As we move forward, an integration of technology and a focus on qualitative results may define the future of workplace monitoring.<\/p>\n<p><br \/>\n<br \/><a href=\"https:\/\/teknomers.com\/category\/general\/\" rel=\"dofollow\">General News &#8211; 2<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A medical visitor from Galicia, who had a stellar performance record and earned close to \u00a0\u20ac5,000\u00a0 a month, found himself unemployed after his company made the controversial decision to hire a private detective to \u00a0monitor\u00a0 his activities. The rationale? Allegations that he was only \u00a0working\u00a0 90 minutes a day. This assertion was vehemently denied by [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":161003,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36399],"tags":[868,3861],"class_list":["post-162616","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-technology","tag-court","tag-overturned"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/162616","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=162616"}],"version-history":[{"count":0,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/162616\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/161003"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=162616"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=162616"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=162616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}