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Gränsen mellan en anställds lojalitetsplikt och yttrandefrihet

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The use of social media has increased considerably in recent years and has also caused some problems. It has been notable cases in the media where employees adversely criticized their employer on social networks, which subsequently led to the dismissal of the employee. The purpose of this study is to investigate an employee's right to express themselves about their employers in various forms but the main focus will be on social networks. The study investigates employees on both private and public sectors.Employees have a duty of loyalty to their employer, which means that they must be loyal to their employer and not deliberately harm them. The reason that employed comment his employer on social networks has its basis in that they also have freedom of speech and it is raised in such a case, a collision between their rights and responsibilities as an employee.The employees also hold a critique right entitling them to publicly criticize the employer and its activities. The right accrues to the employees when they have already pointed out the problem and the abuses of the employer in a serious way and it did not change anything. Criticism may not be made-up, or intended to only harm the employer. The public employees are due to constitutional laws on freedom of expression, a more fundamental right to criticize his employer and also protection of the informant protection, protection against interference from the employer and they are banned to research where the information comes from.To reduce the negative opinions of their employees, employers should have a clear policy on opinion in social networks and a review of what the duty of loyalty means.

Författare

Lisa Persson

Lärosäte och institution

Linnéuniversitetet/Ekonomihögskolan, ELNU

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