Employees may obtain the right to privacy

When conducting, changing and terminating an employment contract, employees will be guaranteed the right to privacy in respect of their personal and family life. Corresponding amendments to the Labor Code were proposed on September 18, 2018 by the draft Law No. 9093 on strengthening the guarantees of employee rights protection.

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As the initiators of the bill explain, the lack of jobs leads to the fact that the employer has a more favorable position with respect to the worker. There are cases where the employer examines not only her professional knowledge, skills and career plans when dealing with hiring an employee, in particular a woman, but also is interested in her personal life, for example, plans to sign up marriage relationships and / or give birth in the near future a child that affects the final employer's decision to hire a person to work or refuse. Moreover, cases of refusal to employ pregnant women are frequent because of the reluctance to continue to pay social benefits in respect of the birth of a child and granting maternity leave.

These facts, in accordance with international practice, are nothing more than interference with the privacy of these individuals and discrimination. Draft Law No. 9093 provides for amendments to Art. 25 of the Labor Code which establishes the list of information that is prohibited by employers from the requirement of employees and persons coming to work.

This information includes information about:

- private life of employees and their personal plans for the future,

- membership in trade unions

- religious beliefs

- state of health, except in cases stipulated by the legislation,

- the amount of wages in the previous place of work.

If the employer still requires such information, the employees or the persons who are employed may legitimately refuse to provide it or provide false information that can not be the reason for refusal to accept a job or the reason for the release of a person in the future from the position and bringing such an employee to responsibility.

At the same time, to the information that does not violate the right to privacy, the authors of the bill referred to the following information:

- about the marital status;

- age;

- stay in education in educational institutions (including the form of education);

- recommendations from the previous place of work.

If the law is adopted, it will come into force from the day following the day it is published. As of October 1, the law has not been passed.

 

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