Employee Rights and Freedoms in the Workplace

Extract

[...] The working life of the employee Trade union freedom, right to strike, freedom to act and testify in court against the employer, freedom of work, etc. V. on the non-competition clauses (you will see how much your teacher has aged?): https://videos.lesechos.fr/entrepreneurs/laurent-gamet-clause-de-non-concurrence-et-contrat-de-travail/lvzzlm B. The employee's personal life Examples (non-exhaustive): Fact taken from the employee's personal life, sanction and dismissal In principle, a fact of personal life cannot characterize a disciplinary fault. But exceptions: - if the fact of personal life reproached to the employee is accompanied by of a breach of loyalty in the execution of the employment contract; - if the incriminated fact, although relating to personal life, is linked to professional life by an element; - in the event of objective disturbance caused to the company. [...]

[...] - An employee who connects 800 times in a month, of which 200 times in seven days, to pornographic sites from a computer made available by his employer and strictly assigned to professional use and who stores data of this nature on an external hard drive belonging to him, reported and used at his workplace, cannot argue that it is a marginal and reasonable practice and his dismissal for serious misconduct is justified (Cass. soc Oct n° 17)-13.089). - « except in the event of a particular risk or event, the employer may not open the files identified by the employee as personal and contained on the hard drive of the computer made available to him, except in the presence of the employee or his representative-thoroughly called » (Cass. soc May 2005, n° 03-40.017). Evolution / right to evidence ? [...]

[...] The principle and temperaments 1. The principle: 'no one can' No one can: prohibition of principle; beware of the method. The consequences of an infringement - Exercise of the right to alert by members of the employee delegation to the CSE or the works council - Inefficacy of evidence obtained in violation of a person's liberty or right; Cep.: right to evidence: The right to evidence may justify the production of elements that infringe on a person's private life, provided that this production is indispensable to the exercise of this right and that the infringement is proportionate to the pursued goal. [...]

[...] Finally, the judge must assess the proportionate nature of the infringement thus caused to personal life in relation to the pursued goal.» - Retraction or ineffectiveness of the clause of the internal regulation detrimental to freedom; - Annulment of the unjustified sanction; - Dismissal without a real and serious cause; - Nullity of the termination of the employment contract. 2. The temperaments The requirement for justification of a restriction Requirement of proportionality of a restriction Abuse (e.g. freedom of expression). II. Jurisprudence A. [...]

[...] The freedoms and rights of individuals I. The law Article L. 1121-1 of the Labour Code is worded as follows: 'No one may impose on the rights of individuals and collective freedoms restrictions that are not justified by the nature of the task to be performed, nor proportionate to the goal sought.' A. The liberties and rights of persons The liberties - What the law aims at; - The distinction of fundamental freedoms; Stake: nullity. Constitutional or international guarantee. Ohave been recognized as fundamental: - respect for personal life; - free choice of residence; - religious freedom; - freedom of opinion and thought ; etc. [...]