Table of Contents
- Intro
- Is it legal to record a conversation in which you participate?
- What you can't record
- The value of the recording as evidence
- How to record and keep the recording
- Real case
- Summary: what can be recorded and what not
- Frequently asked questions
- Conclusion
1. Introduction
In many labour conflicts, the decisive thing is not what is in writing, but what is said in words: a proposal to sign a voluntary leave, the recognition that hours are paid in black or a threat of dismissal. Without evidence, all remains in the word of the worker against that of the company. Therefore, recording these talks has become one of the most effective tools for defending workers' rights.
2. Is it legal to record a conversation in which you participate?
Yeah. The Constitutional Court has established for decades that anyone who records a conversation in which he himself participates does not violate the secret of the communications of the Article 18.3 of the Constitutionbecause that secret protects against third parties outside the conversation, not the partners themselves. There's no need to let the boss know he's being recorded.
So, the recording of a meeting with your boss, with the human resources manager or with a partner in which you are present can be used as evidence.
3. What you can't record
There are clear limits that should be respected:
- Conversations by others: recording other people without participating in the conversation, for example by leaving the cell phone in an office and leaving you, can be a crime of discovery and disclosure of secrets.
- Intimate aspects:: Although you participate in the conversation, spreading content that affects the privacy of the other person may violate your right to privacy.
- Public dissemination: the recording serves to provide it in a procedure, not to publish it on social networks.
4. The value of the recording as evidence
The Law regulating social jurisdiction it supports as evidence the means of reproduction of the word and image, provided that they have not been obtained by violating fundamental rights. A lawful recording may be evidence of a proposal for voluntary leave, payment of wages in black or the real reason for a dismissal.
The results can be decisive. In our cases, the recordings have helped the company to offer to pay for the unpaid overtime or to dismount a false charge of theft at work.
5. How to record and keep the recording
For the recording to have its full strength in a trial, it is appropriate to follow some guidelines:
- Record the full conversationNo cuts. An isolated fragment can be interpreted out of context.
- Check that the device is recording before you start and don't turn it off until the conversation's over.
- Store the original file unedited, with its date, and back up.
- Transcribes the conversation to provide it together with the audio to the procedure.
- Do not provoke or manipulate the conversation: the recording is more credible the more natural it is.
6. Real case
In the video we explained the case of a client carrying a tape recorder at work. He turned it off, returned to his post and did not reconnect it, and just then there was a conversation with his boss that would have been a fundamental test. We have encouraged him not to be discouraged: the police also happen and try again. He will try again until he can prove the truth with the recording, and when he has it, if he so wishes, we will do justice for him.
7. Summary: what can be recorded and what not
| Status | Can it be recorded? | Foundation |
|---|---|---|
| Conversation with your boss where you participate | Yes, no need to warn | Article 18.3 of the Constitution and doctrine of the Constitutional Court |
| Third party conversation without your presence | No; it can be a crime | Criminal Code |
| Intimate contents of the other person | They should not be spread | Article 18.1 of the Constitution |
| Contribution in an employment trial | Yes, if it was obtained lawfully | Law regulating social jurisdiction |
| Social media publication | Not recommended | Right to privacy and self-image |
8. Frequently asked questions
Do I have to tell my boss I'm recording him?
No. If you participate in the conversation, you can record it without warning.
Can I leave my cell phone on tape at a meeting I don't attend?
No. Recording other people's conversations may be a crime and the evidence would not be valid.
Does it serve a WhatsApp recording or a voice note?
Yes, the audios and messages you participate in can be provided as evidence, always keeping the original file.
What if the company says the recording is manipulated?
That's why it's key to keep the original file unedited. If it is contested, its authenticity can be confirmed by an expert report.
9. Conclusion
Recording the conversations in which you participate is legal and may be the proof that the outcome of a labour conflict changes. Do it well, fully and by keeping the original file, make a difference. And if he doesn't come out once, he tries again.
In the area of Labour law from Leynver Lawyers we advise you on how to collect evidence and use them to defend your rights with maximum guarantees.
