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En arbetstagares lojalitetsplikt gentemot arbetsgivaren: Förtroendeskadliga bisysslor och Facebook-en övergripande del av lojalitetsplikten
Karlstad University.
2011 (Swedish)Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesisAlternative title
The employee's obligation to be loyal towards the employer : Sideline activities which can have a detrimental effect on trust and Facebook- an overreaching part of the obligation to be loyal (English)
Abstract [en]

Background:

The obligation to be loyal denotes (in short) that the employee has a duty to be loyal towards his/her employer. That means that the employee must give priority to the employer´s interest, not his own. The employee must avoid situations where duty crash may occur. The employee´s obligation of duty is not defined in any legislation but has none the less a great influence on the contract of employment. In situations where the employee neglects his/her obligation can the employer take measures such as a warning or less of pay, and in the end –not of termination or dismissed. 

 

Purpose:

The basic idea of this presentation is to describe and examine the obligation to be loyal generally to the employer in an interesting and informative way. Focus is on the public sector where the main example for the test of loyalty is Facebook. The writing to take a modern example of critical statements on Facebook about the employer or the place of work will be checked against the principal of loyalty. The concept of sideline activities will be discussed and later on I will enter in depth on the subject of sideline activities that can be detrimental, which is the main point of the essay. Then there will be a description of the consequences that can affect the employee that violates the principle of loyalty. The aim of this essay is to find out what kind of sideline activities that are detrimental and the consequences that may follow if a government employee breaks the rules stated in the legal act (1994:260) concerning civil servants. (LOA)

 

Method and structure:

This essay is written in a strict and structured jurisprudential classic method. It is aimed at the area of the employee´s working rights, but I will also go through the contract of employment, that is to say the conditions of the contract. An account thereof will be made and the essay will consist of three parts, where analysis, conclusion and discussion will be treated from a legal fundamental ground, based on a chosen method.

 

Conclusion:

 Being loyal to one´s employer is one of the claims that are stated in the contract of employment. It means that the employee must put the interest of the employer before his own. The employee must avoid actions that can do harm to the employer. The contract of employment implies very strictly the duty to be loyal based on personal relations. The duty to be loyal does not apply after termination of employment if not stated otherwise. In case of breach of loyalty towards a former employer, the right to priority (new job) can be lost. The principle of publicity is much stricter when applied to the field of civil service than elsewhere. Breach of loyalty is at hand when criticism is made publicity on Facebook.

 

 

Place, publisher, year, edition, pages
2011. , 39 p.
Keyword [en]
Employer, employee, obligation to be loyal, sideline activities, Facebook
National Category
Law Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:kau:diva-7596Local ID: RÄT D-5OAI: oai:DiVA.org:kau-7596DiVA: diva2:423706
Subject / course
Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Available from: 2011-07-05 Created: 2011-06-16 Last updated: 2011-10-14Bibliographically approved

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Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
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