Προσβολή της προσωπικότητας του εργαζόμενου στον χώρο εργασίας του
Εργατικό δίκαιο -- Ελλάδα Εργασία -- Ψυχολογικές απόψεις Labor laws and legislation -- Greece Work -- Psychological aspects
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
The present paper is dealing with the subject of the abuse experienced by theemployee in the workplace, which, there is no doubt that, eventually causes harm tothe personality of the employee. The present paper aims to specify the factors thatmay affect the employee’s personality, emphasizing on the employer’s actions, toanalyze the different types of the above-mentioned abuse and finally, to offersolutions on how the employee can be better protected by using the tools providedby the current legal framework.In the first chapter we examine the legal sources of the protection of theemployee’s personality in Greece, beginning with the corresponding provisions of theGreek Constitution; then we refer to the International Conventions and the EU Lawand finally, to the Greek Law. The second chapter of the present examines theinteraction between the employer’s managerial authority on one hand and theemployee’s rights that derive from his working status on the other hand, trying tomaintain a neutral attitude against both sides, despite the fact that the employee isundoubtedly the weak party of this relationship.The main chapter of the present paper comprises of an extended catalogue ofthe different forms of the abuse of the employee’s personality, as such have beenformulated mainly by the Greek case-law during the past decades and secondly bythe labour law academic society, referring to both external and internal features ofthe employee’s personality, e.g. from the employer’s judgmental behavior about theemployee’s physical appearance up to the employee’s legal right to maintain hisprivacy within the workplace. Lastly, we sought to maintain an equilibrium betweenthe conflicting rights of the contracting parties, considering that the employer shouldbe able to exercise the managerial right, in order to organize and develop thecompany, provided that the employer’s actions do not reach the point of abusing theemployee’s personality, as well as that the employee should be also in position toexercise his legal rights in good faith and not abusively, hoping that we haveachieved our target.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικό Δίκαιο, 2010