La gouvernance d'entreprise face au respect de la vie privée des salariés

Abstract : The notion of governance seems to cover themes close to the term "to govern", of the grip of decision and the evaluation.It represents all the organs and the rules of decision, information (transparency) and supervision allowing the legal successors and the partners of a company, to see their respected interests and their voices in the functioning of this one.The governance of company proposes a new conception of the process of decision, granting all its place to the dialogue between the stakeholders.The union representative intervenes in this sense, indeed, he has a mission of claiming (for example concerning the increase in salaries), he is the interlocutor of the labor union(syndicate) with the employer, he negotiates with the latter the standards of the company (agreements and collective labor agreements)Framed by laws assuring the essential transparency, the governance of company would be in theory the way to assure at best the multiple interests of the actors concerned (employees and employers).It is the reason why it seemed convenient to draw a parallel between the exercise of the governance of company by the concerned actors and the respect for private life of the employees.The governance of company can be limited by the respect for private life of the employees.It is about a fundamental law, proclaimed by the law, registered in the bill of rights of 1948 (article 12), the European Convention on Human Rights and fundamental liberties (article 8), on the article 9 of the Civil code and on the article 226-1 of the Penal code.The components of the private life were not the object of a definition or a restrictive enumeration to avoid limiting the protection to the only legal forecasts. The courts applied the principle of this protection, in the right to life sentimental and in the family life, in the secret concerning the health, concerning the secret of the residence and the place of residence, and concerning the right(law) for the image.
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Valene Athea. La gouvernance d'entreprise face au respect de la vie privée des salariés. Droit. Université Paris-Est, 2015. Français. ⟨NNT : 2015PESC0063⟩. ⟨tel-01387372⟩

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