A worker refuses to use their private smartphone as a means of registration. Who is responsible if no attendance registrations are made?
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No agreement on the use of a private smartphone: If there is no agreement between the employer and the worker on the use of the worker's own smartphone, the employer must provide another means of registration, such as a company smartphone.
➔ No agreement on the use of a private smartphone: If there is no agreement between the employer and the worker on the use of the worker’s own smartphone, the employer must provide another means of registration, such as a company smartphone. If the employer nevertheless allows the worker to work without attendance registrations, the employer is responsible for the missing registrations.
➔ Agreement on the use of a private smartphone: If the worker previously agreed to use their private smartphone but, after reaching that agreement, refuses to use it for attendance registration, both the employer and the worker may be held responsible. The employer is responsible because there was insufficient monitoring. The worker is responsible because they failed to comply with the obligation to register correctly.
Content derived from www.socialsecurity.be.