Employee Accused of Working 90 Minutes a Day Was Spied On and Fired, But Won in Court and Secured Historic Compensation Against the Company.
A case that occurred in Galicia, Spain, is drawing attention from the corporate world and labor law. A pharmaceutical representative, who earned a salary of almost R$ 10,000 and had already been awarded for productivity, was fired after the company hired a private detective to watch him. The report accused him of being a worker accused of working 90 minutes a day, when in fact he claimed to work much longer hours. However, the Spanish courts determined that the dismissal was unfounded and condemned the company, establishing a multi-million-dollar compensation.
Employee Spying Generates Devastating Report
The company decided to resort to employee spying through a private detective, who monitored the salesperson’s routine in various cities in Galicia. The professional was tracked via the company car, the tablet provided for work, and direct observations. According to the report, the records made by the employee did not correspond to the actual time he spent in hospitals and clinics.
In Vigo, for example, the detective pointed out that the representative worked only an hour and a half, although he had claimed four hours and 12 medical visits.
-
Court Upholds Just Cause Dismissal of Employee for Posting Social Media Videos During Work Hours
-
Dismissing a retired worker or one eligible for retirement constitutes ageism and creates a duty to compensate: a unanimous decision by the TRT mandates reinstatement to employment, payment of back wages, and upholds compensation of R$ 15,000 for discrimination.
-
Work less and produce more? Nobel Prize in Economics explains why shorter workdays can increase productivity
-
Unions are growing again in Brazil after more than a decade, but they face an urgent challenge to win back digital workers and maintain relevance.
In Ourense, he reportedly spent 45 minutes in a coffee shop, even though he recorded visits to four professionals. Similar situations were repeated in Pontevedra and Ferrol. Based on this, the company concluded that there was a breach of trust and decided to terminate his employment.
Monitored Employee Turns to Court and Changes the Game
Despite the report, the case took a different turn in court. The defense argued that the focus should not be on the timed hours, but rather on the actual performance of the professional.
The judges of the Superior Court of Justice of Galicia highlighted that the worker had been awarded by the company as exemplary, receiving bonuses of up to R$ 10,000, and that his productivity was indisputable.
“Efficiency is not synonymous with laziness”, emphasized the judges, arguing that joint visits and quick contacts are also valid within the functions of a pharmaceutical representative. The court concluded that the use of surveillance and timers does not accurately reflect the nature of the activity, which depends on autonomy and goals, not on physical hours.
Historic Compensation and Impact on the Labor Market
The outcome was a historic victory for the worker. The company was forced to choose between rehiring him or paying a compensation exceeding R$ 640,000.
The decision goes beyond an isolated case: it signals a paradigm shift in how performance is measured in roles that do not require strict time control.
This ruling also rekindles debates about excessive monitoring practices, which are becoming increasingly common in times of remote work. Digital platforms allow tracking of connections, time spent on applications, and even status in corporate chats. However, the Spanish courts reinforce that productivity should not be confused with constant surveillance.
The Rise of Employee Spying in Companies
The practice of employee spying is not uncommon. Many companies turn to detectives or monitoring software to check for possible abuses in medical leave or cases of low productivity. Under private security legislation, this is allowed when there are signs of fraud.
However, experts warn that this management model can undermine trust between employer and employee, as well as generate high legal costs in cases of abuse.
The Galicia episode shows that the line between legitimate control and invasion of privacy is thin — and that the judiciary can overturn business decisions when it considers that the surveillance was excessive or misinterpreted.
What This Case Reveals About the Future of Work
More than a simple clash between employer and employee, this episode reflects changes in the world of work. New generations, like the Generation Z, are already resorting to strategies like task masking — simulating activity to avoid additional demands — while companies still insist on evaluating dedication solely by screen time or physical presence.
The Spanish court’s decision shows that the trend is to value results, efficiency, and goals achieved, rather than insisting on measuring productivity by connected hours or presence in a specific location.
The case of the monitored employee who defeated a pharmaceutical giant creates a relevant precedent and serves as a warning for companies that abuse surveillance systems. It demonstrates that the judiciary can recognize that results and efficiency weigh more than timed hours, paving the way for a global debate on the balance between corporate control and professional autonomy.
