¿El control y vigilancia empresarial del correo electrónico institucional tiene límites?
Human and fundamental rights represent a limit to power, but at the same time these can be limited or limited, as established in the Political Constitution or by the judicial system when faced with a collision of nonspecific fundamental rights. In this situation, according to the court's decisi...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7863398 |
| Source: | Revista de Derecho, ISSN 2409-1685, Nº. 28, 2020, pags. 65-105 |
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| Summary: |
Human and fundamental rights represent a limit to power, but at the same time these can be limited or limited, as established in the Political Constitution or by the judicial system when faced with a collision of nonspecific fundamental rights. In this situation, according to the court's decision, it could apply either the principle of proportionality, the hierarchy of rights or “preferred liberties” or the ius fundamentality in attention, the latter, to connect a fundamental right such as private property with the freedom of company. In this article, it is proposed that the employer establish in advance the clear rules on the use of institutional email, the way in which it will carry out the control, the disciplinary measures, proportionate to the infraction, that it will take in the event of non-compliance with the established and of course that previously the workers know the rules. In this case, both parties to the employment relationship have their rights limited pursuant to the principle of proportionality. Freedom of business in Nicaragua is not a fundamental right or a human right, it is only a constitutional right. Institutional email is an intangible asset of the company and a resource or tool for technological work. The power of management of the employer arises from the Political Constitution and the Labor Code and it is these that limit its performance. The same Political Constitution, established an absolute law reserve both for the freedom of business and the right of private property. |
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