Introduction: The private life of the employee in comparative case law
This article opens the chronicle by comparing French, American, Chinese and Canadian case law on two themes: affairs between employees and their use of social networks. The legislator has sometimes intervened in this matter, but it is unquestionably the judge who remains in control of the applicatio...
Shranjeno v:
| izdano v: | URI:https://journals.openedition.org/rdctss, |
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| Format: | Article ou chapitre numérique |
| Jezik: | Anglais |
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Revue de droit comparé du travail et de la sécurité sociale
2021
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| Online dostop: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Izvleček: | This article opens the chronicle by comparing French, American, Chinese and Canadian case law on two themes: affairs between employees and their use of social networks. The legislator has sometimes intervened in this matter, but it is unquestionably the judge who remains in control of the application of the legal system, if only because of the subjectivity of the subject. What is privacy? To what extent must it be protected in relation to an employer’s legitimate expectations? An analysis of the case law reveals wide divergences between countries. However, it is interesting to note that some solutions are comparable and are sometimes based on common sense rather than on jurisprudential constructions: this is the case of sanctions against overly indiscreet employees who use social networks. |
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