The “Legitimate Interest in Performance” in the Law on Penalties

Rowan, Solène

doi:10.1017/s0008197318000958

Cited by 3 publications

(1 citation statement)

References 7 publications

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“…Consequently, for workforce performance monitoring, it is necessary for consultation with formal authorities to understand the limits of 'biometric data' and clarify the objective and contextual goals of performance monitoring. Therefore, this brings a discussion around the ways to ensure 'legitimate interest in performance' (Rowan, 2019).…”

Section: Legal Ethical and Cultural Aspectsmentioning

confidence: 99%

Challenges of upgrading craft workforce into Construction 4.0: framework and agreements

Calvetti

Mêda

Sujan

et al. 2020

Proceedings of the Institution of Civil Engineers - Management,

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Craft workforce is the main productive factor in traditional construction. Construction 4.0 visions are based on automation and digitalisation, meaning that human site activities will require/stipulate changes. The extent to which manual tasks done by humans in construction will be replaced is uncertain. This might vary considering the context or type of work. Construction 4.0 includes craft workforce activities, as these can benefit from technology, fostering digital transformation in the short/medium term. The research scope is workforce-innovation-management using data from job sites. A framework is developed based on data future use involving electronic performance monitoring, building information modelling, smart contracts and artificial intelligence. A systematic scoping review is developed to identify legal/ethical issues in connection to technological aspects. The discussion and findings focus on General Data Protection Regulation compliance to apply the proposed framework. Optimised human-machine-controlled environments must be ethically managed by pre-established collective agreements and must rely on each worker's awareness and consent. The findings suggest that the human aspects if improperly addressed could result in a bottleneck of digital transformation advances. Along with the framework, the paper provides a step-by-step, streamlined review of the regulations and requirements that need to be considered when implementing electronic monitoring of workers.

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Section: Legal Ethical and Cultural Aspectsmentioning

confidence: 99%

Challenges of upgrading craft workforce into Construction 4.0: framework and agreements

Calvetti

Mêda

Sujan

et al. 2020

Proceedings of the Institution of Civil Engineers - Management,

View full text Add to dashboard Cite

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Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England, Singapore, and Malaysia

Teng

Kalaiarasu

2022

Liverpool Law Rev

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Human-Data Interaction as a critical enabler of Electronic Performance Monitoring at construction sites

Calvetti,

Kifokeris,

Mêda

et al. 2024

ITcon

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Human-Data Interaction (HDI) revolves around how humans generate, process, and utilise data. HDI plays a crucial role in evaluating data collection and use in the context of the construction industry, considering the impact on stakeholders such as site managers and labourers. One significant application of HDI is in on-site Electronic Performance Monitoring (EPM), which aims to leverage workplace innovations to enhance productivity, safety, and health. However, the integration and implications of HDI and EPM lack comprehensive understanding. This research seeks to bridge this knowledge gap by presenting a human-data perspective on sensored construction sites, emphasising the challenges and opportunities for driving innovative EPM initiatives. Through a combination of literature review, surveys with HDI experts, and the authors' perspectives and abduction, conceptual frameworks are developed that cluster HDI and EPM. The study's implications are multifaceted, impacting both theoretical understanding and practical applications. The findings highlight the key actors and the data they generate and manipulate across different platforms during EPM deployment. Through the lens of explanatory theories, sociomateriality, and work sociology, the research contributes to understanding the fragmented nature of HDI and EPM as a managerial issue embedded in the work environment. It sheds light on the interactions of actors using digital EPM devices and relevant data streams influenced by the limited agency of specific stakeholders, such as labourers, and the potential neglect of factors related to their well-being. This research distinguishes itself by focusing on the less explored intersection of HDI and EPM in the construction industry. It offers a novel perspective by considering the sensored environment of construction sites as a venue for analysing human-data interactions.

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The “Legitimate Interest in Performance” in the Law on Penalties

Cited by 3 publications

References 7 publications

Challenges of upgrading craft workforce into Construction 4.0: framework and agreements

Challenges of upgrading craft workforce into Construction 4.0: framework and agreements

Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England, Singapore, and Malaysia

Human-Data Interaction as a critical enabler of Electronic Performance Monitoring at construction sites

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