Yttrandefrihet inom ramen för lojalitetsplikt - Arbetstagarens rätt att använda sociala medier

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Social media is getting more and more integrated in our society and our daily life. It is a big platforme where individuals easily can express their feelings and thoughts. This essay aims to examine the social media's importance connected to the labour market. The essay will examine what an employee is allowed to do on social media and how the employer can control what their employee does. Employees within the public sector have got protection through YGL and RF and are able to express what they want on social media. Employees within the private sector are not protected by YGL and RF since it is only applicable as a protection from the state. Employees within the private sector are controlled by the duty of loyalty. The employer can regulate what the employee is allowed to share to the public. The freedom of expression is regulated by article 10 in European convention of human rights. The article is applicable on both the public and the private sector. It is a protection for the employee to the state, therefore the employees within the public sector are protected. The member states have also got a responsibility to protect the freedom of expression between private individuals, this makes the article applicable on the private sector as well.

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