The Federal Service for Labor and Employment recalls that disciplinary measures may be applied for disclosure by an employee of information about the salary of his colleague, up to dismissal.
According to subparagraph "b" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation, disciplinary punishment (in addition to a remark or reprimand) may include the dismissal of an employee for disclosing a legally protected secret that became known to such an employee in connection with the performance of his work duties, including the disclosure of personal data of another employee.
As you know, information about an employee’s salary is information containing his personal data. Therefore, those who have access to them are obliged not to disclose them to third parties.
In this regard, an employee who finds out about the salary of his colleague can be dismissed by the employer, but if:.
Also, the application of disciplinary punishment in the form of dismissal is possible if the employer has developed and adopted Local regulations aimed at protecting the personal data of employees with whom the staff (including those who process such personal data) must be familiarized under the signature.
It is possible to bring to disciplinary responsibility for the disclosure of personal data an employee who is responsible for processing personal data and who violated the legislation of the Russian Federation when processing such data.
We remind you that an employee’s personal data is information required by an employer in connection with an employment relationship and related to a specific employee, namely:
The specified information is required by the employer to conclude an employment contract, as well as to maintain a number of personnel and other reports.
Ensuring the protection of personal data of their employees is a direct responsibility of the employer. In this regard, it is necessary to obtain permission from the employee, which gives the right to process, transfer and store his personal information in accordance with the legislation on personal data protection. Such permission is:
According to subparagraph "b" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation, disciplinary punishment (in addition to a remark or reprimand) may include the dismissal of an employee for disclosing a legally protected secret that became known to such an employee in connection with the performance of his work duties, including the disclosure of personal data of another employee.
As you know, information about an employee’s salary is information containing his personal data. Therefore, those who have access to them are obliged not to disclose them to third parties.
In this regard, an employee who finds out about the salary of his colleague can be dismissed by the employer, but if:.
- the disciplinary action for which the employee is dismissed takes place;
- the employee has already been disciplined in the last working year;
- the rules for imposing penalties provided for by the labor legislation of the Russian Federation are observed in time and order (in most cases, an employee is reprimanded or reprimanded before dismissal).
- upon dismissal, the employer took into account the severity of the offense committed, the circumstances under which it was committed, the employee’s previous behavior and his attitude to work.
Also, the application of disciplinary punishment in the form of dismissal is possible if the employer has developed and adopted Local regulations aimed at protecting the personal data of employees with whom the staff (including those who process such personal data) must be familiarized under the signature.
It is possible to bring to disciplinary responsibility for the disclosure of personal data an employee who is responsible for processing personal data and who violated the legislation of the Russian Federation when processing such data.
We remind you that an employee’s personal data is information required by an employer in connection with an employment relationship and related to a specific employee, namely:
- passport data;
- Marital status;
- information about education;
- number of the OPS insurance certificate;
- information about employment.
The specified information is required by the employer to conclude an employment contract, as well as to maintain a number of personnel and other reports.
Ensuring the protection of personal data of their employees is a direct responsibility of the employer. In this regard, it is necessary to obtain permission from the employee, which gives the right to process, transfer and store his personal information in accordance with the legislation on personal data protection. Such permission is:
- consent to the processing of personal data (allows you to obtain a number of personal information from an employee and use it in an employment relationship);
- consent to the distribution of personal data (allows the employee’s personal data to be distributed to third parties)
For questions about the application of legislation in the field of personal data, please contact Acsour specialists.
