Last Friday, the assignment came to Klarna wants to know which of its employees are planning to strike If the conflict breaks out on November 7.
By today at the latest, employees must fill out a form with this information. According to Klarna, the information is necessary to know who will receive their wages and who will not in the event of a strike.
Similar questions have been asked of employees in the ongoing conflict at Tesla. according to If Metall is unable to collect such data Without violating GDPR legislation which states that trade union membership is sensitive personal data. As a general rule, employers should not deal with this.
The union also believes that collecting information about strikes is reprehensible.
-We think a lot like IF Metall. Members have no obligation whatsoever to answer this. Those who do not show up for work are on strike and should not be paid. Martin Westvelt, head of negotiations in the union, says that they are receiving strike compensation, and continues:
– For us, this is primarily a matter of interest. But we also believe we have legal support that they are wrong.
No need to talk about membership
But what about the law then? This question is not entirely easy to answer, says Per Ewaldsson, chief legal officer at the Mediation Institute.
According to him, two different issues were raised. It is partly about the General Data Protection Regulation and sensitive personal data and partly about the violation of the rights of associations.
– It must be possible to exercise the right to association without suffering any harm resulting from it. He says the issue could be updated if the employer asks questions about union membership.
You must be able to pay the right salary
Regarding the processing of sensitive personal data, there are exceptions. For example, if an employer needs information to be able to perform employment law duties, this may be justified.
– Employers must of course be able to fulfill their obligations under the employment contract such as paying the correct salary, says Per Ewaldsson and adds:
– How things are going with this in the current situation, but I have no idea.
OK to save data – if consent is given
In accordance with the General Data Protection Regulation, you may not process, save or store so-called sensitive personal data.
Sensitive personal data means information revealing ethnic origin, political opinions, religious beliefs, information about health/sexual life or trade union membership.
However, information regarding trade union membership can be excluded if there are obligations that require it, or if the person consents to the saving of the data.
Source: IMI
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