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Personlig integritet i arbetslivet : Arbetsgivarens möjlighet till kontroll av arbetstagarens Internet- och e-postanvändning

by Bengtsson, Sofi

Abstract (Summary)
AbstractThe protection for the employee’s personal integrity is a current subject where the technologydevelopment gives the employer increased possibilities to check upon the employee. Therebythe protection for the employee’s personal integrity is jeopardized. At present there is nospecial legislation of protection for the personal working life integrity and the Swedishlegislation lacks a uniform definition of the concept personal integrity. It is unclear whichpossibilities the employer has to take control measures of the employee’s Internet- and e-mailuse and which protection the employee has for its personal integrity.The purpose with the essay is to find out which legal protections the employee on the Swedishlabour market has for its personal integrity, which possibilities the employer has to takecontrol measures of the employee’s Internet- and e-mail use, and what the concept of goodlabour market practice means.In order to achieve the purpose a law dogmatic method is used, which means that currentsources of law i.e. law text, preparation of law text, good practice from labour court anddoctrine will be studied.The employer is given the possibility to take integrity sensitive actions, like control of theemployee’s Internet- and e-mail use by virtue of the right to direct work, agreement,collective agreement or legislation. However, the possibilities are limited as the action mustnot go against good labour market practice. In order to decide what stands against good labourmarket practice the labour court does a weighing of interest. The employee’s interests ofprotection for its personal integrity are compared with the employer’s interests of control ofthe employee’s Internet- and e-mail use. Moreover, there must be a reasonable proportionbetween the objective and means for the control measure, therefore the trespass in theemployee’s private life that the measure causes must stand in reasonable proportion to theemployer’s aim with the control.In conclusion can be said that which control measures the employer can take and whichprotection the employee has for its personal integrity is a question that must be decided afterassessment of every individual case.
Bibliographical Information:

Advisor:

School:Växjö universitet

School Location:Sweden

Source Type:Master's Thesis

Keywords:personal integrity good labour market practice control measure internet and e mail use

ISBN:

Date of Publication:04/08/2008

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