Few people know this: in this situation, your employer can search your computer in your absence.

Many employees are still unaware of this, but your employer has certain specific rights to search your belongings in your absence.

The end-of-year holidays are coming soon and you can't wait to go sunbathe on a beach or relax in a ski resort. No matter the destination, the main goal remains the same: disconnecting. If you're not one of the 47% of French people who check their work emails and messages during the holidays, there's a good chance you'll be able to bet that you leave your computer at the office before leaving.

A trivial action, but one that could well cost you dearly when you return from vacation! Many employees are unaware of this, but their employer can take advantage of your absence to carry out searches on your computer, but not only that.

Indeed, when the situation requires it, your employer is perfectly capable of making a request to access your office tools and documents. Whether it is your computer, a USB key or an external hard drive, any device deemed to be related to your work can be consulted by your employer at the condition of respecting certain particular conditions.

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First of all, and as we have mentioned, these must be devices or locations that are considered to be related to your professional activity. Your “my documents” folder on your computer, for example, may be interpreted as necessary for your work, and therefore searched by your superior. If the folder in question is marked as something personal, for example with an ambiguous title like “my vacation photos” or “my wedding on video”, then your employer cannot access it without first asking for your consent, or if it is a matter of company security.

In addition to the documents on your computer and office items, your employer is also authorized to view your connections to the various sites that you visit during your work day by invoking Article 226 of the Labor Code. If you are in the habit of planning your vacations, browsing shopping sites or playing online games, your employer can totally make sure of it, even if you are not physically present! Your internet connections during working hours are considered “professional” and therefore can be consulted by your employer in your absence.

If your employer discovers activities deemed “non-professional” on your working time, don't panic. You're not necessarily going to report to France Travail soon! Your employer must then prove that these activities are detrimental to the company and your overall productivity.