New digital technologies, corporate powers and workers rights: an analysis from the perspective of the european regulation of data protection of 2016

Páginas:259-260
 
EXTRACTO GRATUITO

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Abstract: This work is a reflection on the corporate control and the privacy of the worker in the digital technology environment, because of the complete legislative silence and the paradoxical solutions in the Courts, and the marked contrast of perspectives between these and the Spanish Data Protection Agency. As a solution to these interpretative problems, we propose to judge the conflict from the regulation of data protection, since the new Regulation of the EU of 2016 about data protection punish explicitly in the article 88 this insertion of any data processing in the work environment in the principles of data protection, compelling the States to legislate on that matter.

Keywords: Privacy, corporate control, data protection, video surveillance, computer access, Regulation 679/2016 of the EU.

WORKERS RIGHTS UNDER THE UNFAIR ENVIRONMENTAL BUSINESS ORDERS

Abstract: In many cases, workers -at different levels- are aware of the environmental risks of the business activity in which they take part, consequently they would become important guarantors to protect the environment if their rights of individual and collective reaction were expanded before the unfair environmental business orders. Otherwise, the protection of the environment can become a new excuse for the increase of the unilateral business powers. On another level, we will prove that, also in this area, a regression of the importance of the collective agreement is happening before the promotion of instruments specific of the soft law.

Keywords: Environmental risks, right of resistance, precautionary principle, corporate social responsibility.

LEGISLATIVE POWERS AND SOURCES OF REGULATION OF THE WORK RELATIONSHIP: A RE-READING OF THE CLASSICAL DESIGN

Abstract: With a clear constitutional support, the regulation of the right to the collective bargaining is a task of the regular legislator, who included the collective bargaining as one of the sources of the work relationship (art. 3 ET). On the one hand, there is a prevalence of the law over the collective bargaining, on the other hand, the autonomy of the control of the parties is subordinated to the body of rules integrated by the legal and regulatory provisions and the collec-

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tive bargaining. The articulation of the legislative framework results from the implementation of five applicative principles: legislative hierarchy, minimum standard, more favorable standard, inalienability of the rights and most...

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