Employer’s directive power, decent employment and personality rights

Abstract

The recommendation 193 from the International Work Organization talks about “decent employment”, whose conception can only be possible to obtain from a study of the meaning and the limitations of the employer’s directive power, and confronting them with employees’ personality rights within the work relations. The reasonability principle is a parameter for the exercise, in the fair measure, of the employer’s directive power without abuse. Thus, it is concluded that there cannot be “decent employment” if the workers’ dignity respect is absent. In the same way promote “decent employment” is not just a question that interests the employee, because work occupies the great part of his time, or the employer, because he has interest in his enterprise development, or still the workers in a more general sense, with or without a employment link, but it is also a question of public policy.