| Abstract [eng] |
A person is considered employed, after the conclusion and signing of an employment contract. The employment concract is not only a written legal labor relations locking document, but first of all, it is some kind of negotiating, contractual relations, agreements evolving among parties, which make satisfied not only legal expectations of the work, but also guarantee an individual’s social status in society and in general each person’s individual and constitutional right to work and express himself at work. The way to the signing of the contract can be divided into the following stages, as the right of the choise of employment, which should be interpreted as covering employment, the right to choose the desired job, the right to non-compulsory, voluntary, legal work, as well as the next stage can be distinguished, as each person’s right to determine the contents of the employment contract. In labor law the principle of equality of persons guarantees to every person to be treated equally, precludes the application of different conditions of employment, to negotiate to estabilish such conditions, to treat identical relations differently based on sex, age, disability, race, ethnicity, nationality and other basis, unrelated to the employee’s professional qualities. The person, who has suffered of discrimination in employment should to be available for an effective, legal protection to defend his damaged individual right to be treated equally with others for his constitutional right to a personal, unique characteristics, attitudes, beliefs. Fast development of information technology allow employers to monitor, collect personal data and to control workers and with such actions prejudice personal privacy. But by law it is difficult to determine the employer’s abligations not to disseminate certain information about the job candidate, because precontractual labor relations can not fully protect the personal data for their transmission of computer technologies. Collecting and using personal data for the employment purposes, granted by the Constitution, must be guaranteed the person’s right to freely express his thoughts, beliefs and also respect his privacy and human dignity, especially if the information relates to a person’s racial or ethnic origin, political options, religious, philosophical or other beliefs, health or sex life, also person’s criminal record. |
