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Medför de nya medierna nya möjligheter för arbetsgivaren att kontrollera illojalitet?

Wilke, Evalinn LU (2011) HARH16 20112
Department of Business Law
Abstract (Swedish)
A very important aspect of the employees duty to the employer is to be loyal. The conflict between the freedom of speech and the employees loyalty duty is not new. However electronic trace like social media bring employees the possibility to present critics, disapproval and sometimes incorrect information to a large public. On the other hand the new technic also brings new possibilities to save those remarks, and research earlier remarks from an employee. The question is if the employer makes practical use of this possibilities? What legal rights and what restrictions do the employer have to control disloyalty on electronic trace? What speak in favour for the employers right to control disloyalty? What speak in favour for the employees... (More)
A very important aspect of the employees duty to the employer is to be loyal. The conflict between the freedom of speech and the employees loyalty duty is not new. However electronic trace like social media bring employees the possibility to present critics, disapproval and sometimes incorrect information to a large public. On the other hand the new technic also brings new possibilities to save those remarks, and research earlier remarks from an employee. The question is if the employer makes practical use of this possibilities? What legal rights and what restrictions do the employer have to control disloyalty on electronic trace? What speak in favour for the employers right to control disloyalty? What speak in favour for the employees freedom of speech and personal integrity? The praxis from the Swedish labor court is immature considering the employers right to control disloyalty on electronic trace. My aim for this thesis is to illustrate the problematic of this topic. I will illustrate this topic by using a method combination of right dogmatic method with practical element by interview specialist from both the employer and employees side, current articles and investigations. The study in this thesis shows that employer have good possibilities in a both practice and judicial context to control the employees eventually disloyalty on electronic trace. However this is an area which still is under development and there clear routines many times is missing. (Less)
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author
Wilke, Evalinn LU
supervisor
organization
alternative title
En studie av den privatanställdes yttrandefrihet och arbetsgivarens rätt och begränsningar att kontrollera illojalitet via elektroniska källor
course
HARH16 20112
year
type
M2 - Bachelor Degree
subject
keywords
Loyalty duty, freedom of speech, control measure, electronic trace, disloyalty and the principle of proportionality
language
Swedish
id
2202541
date added to LUP
2011-11-14 14:49:04
date last changed
2011-11-14 14:49:04
@misc{2202541,
  abstract     = {A very important aspect of the employees duty to the employer is to be loyal. The conflict between the freedom of speech and the employees loyalty duty is not new. However electronic trace like social media bring employees the possibility to present critics, disapproval and sometimes incorrect information to a large public. On the other hand the new technic also brings new possibilities to save those remarks, and research earlier remarks   from an employee. The question is if the employer makes practical use of this possibilities? What legal rights and what restrictions do the employer have to control disloyalty on electronic trace? What speak in favour for the employers right to control disloyalty? What speak in favour for the employees freedom of speech and personal integrity? The praxis from the Swedish labor court is immature considering the employers right to control disloyalty on electronic trace.  My aim for this thesis is to illustrate the problematic of this topic. I will illustrate this topic by using a method combination of right dogmatic method with practical element by interview specialist from both the employer and employees side, current articles and investigations.  The study in this thesis shows that employer have good possibilities in a both practice and judicial context to control the employees eventually disloyalty on electronic trace. However this is an area which still is under development and there clear routines many times is missing.},
  author       = {Wilke, Evalinn},
  keyword      = {Loyalty duty,freedom of speech,control measure,electronic trace,disloyalty and the principle of proportionality},
  language     = {swe},
  note         = {Student Paper},
  title        = {Medför de nya medierna nya möjligheter för arbetsgivaren att kontrollera illojalitet?},
  year         = {2011},
}