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La vie privée en droit du travail.

Abstract : Because of its relativity, the concept of privacy is a difficult notion to define. French legislation defines it in different ways both between public institutions and citizens as well as among individuals. Moreover, the right to privacy presents an ambivalence as it gives an individual both a freedom of choice and a right of control. Therefore, privacy challenges employment laws which cannot deal satisfactorily with it as work relation has the specificity to create a link of subordination between private individuals. Yet, many of these dispositions contribute to protecting privacy. Though, in its civil law conception, there is some difficulty in resorting to privacy when it focuses on the secret of privacy.Paradoxically, the cases related to this subjective law and employees' privacy secret protection are far and few between. This freedom of privacy tends to ensure employees' protection in their privacy. Nevertheless, this freedom also applies in professional life and consequently appears as an essential instrument of the employee's protection in the workplace. Thus, the right for the employee's privacy to be respected inevitably tends to broaden its scope to the protection of freedom of privacy.
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Submitted on : Wednesday, January 25, 2017 - 4:26:32 PM
Last modification on : Wednesday, March 23, 2022 - 3:51:06 PM
Long-term archiving on: : Wednesday, April 26, 2017 - 2:58:49 PM


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  • HAL Id : tel-01446176, version 1



Thomas Morgenroth. La vie privée en droit du travail.. Droit. Université du Droit et de la Santé - Lille II, 2016. Français. ⟨NNT : 2016LIL20016⟩. ⟨tel-01446176⟩



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