In the home office, technical aids such as the so -called mouse Jiggler are increasingly used, with which an apparent presence is simulated at the workplace. What may seem harmless at first glance can result in considerable labor law consequences.
Mouse Jiggler: Technical manipulation with legal risks
Mouse Jiggler are devices or software applications that create artificial mouse movements. They prevent a computer from changing to rest mode and should give the impression that the workplace is actively used. In the private sector, such tools can be legitimate, for example at presentations. In the professional context, however, especially in the home office, they represent a serious problem.
As the portal T3N reports, more and more employees use these aids in order to signal a supposed willingness to work towards the employer. The conscious use of such technologies to deceive the actual working hours fulfills the facts of working time fraud under labor law and can lead to labor law sanctions.
Working time fraud as a reason for termination
The manipulation of working hours using technical tools can be a serious breach of duty. In Germany, there is the possibility to issue termination without notice in accordance with proven working time fraud in accordance with Section 626 of the German Civil Code. In addition, it is determined that there is a deliberate deception, even a criminal complaint for fraud in accordance with Section 263 of the Criminal Code can be considered. It is crucial for the labor law assessment whether the use of the Mouse Jiggler has been proven to be used to mislead the employer and the mutual relationship of trust was irreparably damaged.
International practical examples illustrate the scope
A much -regarded case from the United States shows how consistently companies are now reacting to such attempts to deceive. According to a report in the world, the US bank Wells Fargo released several employees in 2024 after the use of Mouse Jigglern was uncovered to simulate work activity. The bank explained that the persons concerned had violated internal ethical guidelines. Already in Australia there was a comparable incident in 2023. In such cases, internal software hardly lists any keyboard input over a longer period of time, although working hours have been officially recorded.
Data protection limits for control
The use of technical control mechanisms by employers is subject to strict legal requirements in Germany. As the right portal Meinrecht.de explains, permanent or secret monitoring of the employees is generally inadmissible. The General Data Protection Regulation (GDPR) only allows surveillance measures if there is a legitimate interest and the proportionality is preserved.
In the home office, the same standards apply as in the company. Employers must therefore not introduce permanent activity monitoring without violating data protection law. Only an event -related review is permitted, for example if there is a concrete suspicion of breach of duty. A trusting cooperation with clearly defined objectives is considered the more practical and sustainable solution.
Editor finance.net
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