Vie privée du salarié

Vie privée du salarié

La surveillance de mails d’un salarié par un employeur contrevient-elle  au droit au respect à la vie privée et des correspondances prévu par l’article 8 de de la Convention européenne de sauvegarde des droits de l’homme ? La CEDH a, dans un arrêt du 12 janvier 2016 Barbulescu v. Romania, Aff. 61496/08, apporté des précisions sur les circonstances dans lesquelles ces droits doivent être garantis par les Etats.

L’article  8 de la Convention européenne des droits de l’homme relatif au droit au respect à la vie privée et familiale dispose que : « 1. Toute personne a droit au respect de sa vie privée et familiale, de son domicile et de sa correspondance ». Ce texte a été invoqué par un salarié roumain afin de contester un licenciement fondé sur l’utilisation d’un compte mail professionnel pour, en contravention avec le règlement intérieur de l’entreprise, communiquer avec son frère et sa fiancée pendant son temps de travail.

Ses demandes ont été rejetées par les juridictions roumaines. Celles-ci ont considéré que l’accès à la messagerie était conforme au droit du travail et au droit pénal roumain ainsi qu’à la constitution roumaine et même à l’article 8 de la Convention européenne des droits de l’homme. En dernier recours, le salarié a saisi la CEDH pour faire condamner l’Etat roumain au motif qu’il ne lui avait pas  assuré le respect des droits énoncés à l’article 8.

Dans sa décision, la Cour s’interroge en premier lieu sur la notion de vie privée. Elle rappelle que la vie privée est un concept étendu qui comprend l’établissement de relations entre personnes privées. Les conversations téléphoniques entre personnes privées et entreprises relèvent ainsi, selon la Cour,  a priori de la vie privée et du secret des correspondances. Elle ajoute qu’elle a déjà admis que les e-mails envoyés du lieu de travail devaient relever de l’article 8 § 1, de même que l’information captée à partir d’un usage personnel d’internet ( Copland v. the United Kingdom (no. 62617/00, ECHR 2007‑I,§41).

Pour la Cour, lorsque l’employé n’est pas informé d’une surveillance, il peut raisonnablement considérer qu’il bénéficie de la protection de la vie privée au travail. En conséquence, faute d’accord contraire explicite entre l’employeur et l’employé, la vie privée prévaut. Il en va tout autrement dès lors que l’employé a été informé du fait que l’employeur peut consulter les documents privés du salarié sur le lieu du travail.

La Cour considère d’abord que la question posée relève bien de l’article 8§1 notamment parce que l’employeur avait eu accès au contenu des mails et que ce contenu avait été produit devant les juridictions roumaines par celui-ci. En conséquence, elle admet la recevabilité du recours.

Sur la question de la violation de la vie privée, la Cour réaffirme en premier lieu l’idée que les Etats doivent prendre des mesures positives en vue d’assurer la vie privée des individus. En conséquence, toute personne peut revendiquer, dans ses rapports avec autrui,  la mise en œuvre d’un tel droit auprès de l’Etat. Mais les Etats disposent d’une certaine marge d’appréciation souveraine dans leur arbitrage des différents intérêts en jeu.

Dans la présente affaire, la Cour s’est interrogée sur le point de savoir si l’Etat avait bien rempli ses obligations positives dès lors que la plainte concernait un employeur privé et plus précisément si les juridictions avaient retenu un équilibre équitable entre les droits du salarié au respect de la vie privée et des correspondances d’une part, et les intérêts de l’employeur, d’autre part.

La Cour constate que les arguments ont été développés par le salarié devant les juridictions nationales et qu’il y a été répondu. Elle relève que les juridictions roumaines ont estimé que l’utilisation à des fins privées de la messagerie pendant le temps de travail constituait une faute contractuelle. Elle prête attention au fait que le contenu des messages n’a pas fondé la décision des juges et que l’employeur n’avait consulté la messagerie que parce qu’il pensait y trouver des messages professionnels. En conséquence, elle juge que son accès peut être considéré comme légitime. Elle ajoute qu’il n’apparaît pas déraisonnable que l’employeur puisse vérifier que ses salariés travaillent bien pendant leur temps de travail. Enfin, elle relève que l’employeur n’avait consulté que la messagerie et aucun autre fichier présent sur l’ordinateur, ce qui démontre le caractère limité et proportionné de sa surveillance.

Pour toutes ces raisons, elle considère qu’il n’est pas démontré que l’Etat roumain ait manqué à ses obligations au regard de l’article 8 § 1 de la Convention.

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  165. Scotthooro says:

    10배레버리지
    로드스탁과의 레버리지 스탁: 투자 전략의 신규 분야

    로드스탁에서 제공되는 레버리지 방식의 스탁은 주식 시장의 투자의 한 방식으로, 큰 수익률을 목적으로 하는 투자자들을 위해 매력적인 옵션입니다. 레버리지를 사용하는 이 방법은 투자자들이 자신의 자본을 넘어서는 자금을 투자할 수 있도록 하여, 주식 장에서 더욱 큰 힘을 가질 수 있는 방법을 줍니다.

    레버리지 방식의 스탁의 원리
    레버리지 스탁은 기본적으로 자금을 차입하여 운용하는 방식입니다. 예시를 들어, 100만 원의 투자금으로 1,000만 원 상당의 증권을 취득할 수 있는데, 이는 투자자가 일반적인 자본보다 훨씬 더 많은 증권을 구매하여, 증권 가격이 상승할 경우 관련된 훨씬 더 큰 이익을 획득할 수 있게 합니다. 그렇지만, 증권 가격이 하락할 경우에는 그 피해 또한 커질 수 있으므로, 레버리지를 이용할 때는 조심해야 합니다.

    투자 전략과 레버리지 사용
    레버리지는 특히 성장 가능성이 큰 사업체에 투자할 때 유용합니다. 이러한 기업에 큰 비율을 통해 적용하면, 성공할 경우 큰 이익을 가져올 수 있지만, 반대 경우의 경우 많은 위험성도 감수하게 됩니다. 따라서, 투자자들은 자신의 위험성 관리 능력과 장터 분석을 통해 통해, 일정한 회사에 얼마만큼의 자본을 투입할지 결정하게 됩니다 합니다.

    레버리지의 이점과 위험성
    레버리지 스탁은 큰 수익을 제공하지만, 그만큼 큰 위험성 동반합니다. 주식 거래의 변동성은 추정이 어렵기 때문에, 레버리지 사용을 이용할 때는 항상 상장 경향을 정밀하게 주시하고, 손실을 최소화할 수 있는 계획을 구성해야 합니다.

    맺음말: 조심스러운 결정이 필요
    로드스탁에서 제공하는 레버리지 스탁은 강력한 투자 도구이며, 잘 활용하면 많은 이익을 벌어들일 수 있습니다. 그렇지만 높은 위험도 고려해야 하며, 투자 선택은 충분히 많은 정보와 조심스러운 판단 후에 이루어져야 합니다. 투자자 자신의 재정적 상태, 위험 수용 능력, 그리고 시장의 상황을 고려한 안정된 투자 계획이 핵심입니다.

  166. scam says:

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  167. scam says:

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