Mobile - Legality of geolocation use on Avenue Engage

Mobile clock-in applications do not represent a privacy invasion, as long as both parties agree to its use.

What does the legislation say?

Mobile clock-in applications with geolocation are classified as alternative timekeeping systems. These systems were regulated in 2011 by the Ministry of Labor and Employment's (MTE) Ordinance 373, which is now Ordinance 671. Their use depends on validation, that is, official agreement through Collective Labor Conventions or Agreements. Once the company obtains this validation from the labor union, the use of the technology is legally allowed.

The MTE's regulation process for the solution considers the possibility of geolocation, including because one of the main premises of this type of application is remote clock-in control.

Furthermore, there are some other rules that a mobile clock-in solution with geolocation must follow to be used. Among them, we highlight:

• not presenting restrictions on clock-in;
• not allowing automatic clock-in;
• always being accessible;
• not allowing the worker to change or delete the records;
• and others present in its text.