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An-Najah University Journal for Research - B (Humanities)

DOI

10.35552/0247.39.5.2353

Abstract

The study focuses on the right to privacy and how legislation and judicial precedents can achieve a balance between protecting this right for employees and employers' right to monitor performance and safeguard company interests. The research highlights a legislative gap in Palestinian law regarding the protection of workers' private lives, compared to French law which provides greater safeguards for employees. The study offers recommendations to improve Palestinian legislation by drawing insights from the French model to enhance workers' rights and achieve a fair and transparent work environment. This research is significant as it addresses contemporary challenges arising from technological advancements and the widespread use of the internet in the workplace, which impact workers' personal rights and raise questions about the legal and ethical boundaries of electronic monitoring. Methodology: The study adopts a comparative analysis between Palestinian and French legislations, illustrating how Palestinian laws can benefit from French judicial precedents to develop practices that protect workers' rights while allowing employers necessary oversight. Findings: The findings reveal that French law has developed clear legal provisions distinguishing between professional oversight and privacy protection, introducing the concept of "right to disconnect" as a means to balance these two aspects. Moreover, it has established procedural safeguards requiring employers to inform employees in advance of any monitoring measures taken. In contrast, the Palestinian Labor Law does not explicitly address these issues, offering only a general reference to privacy protection in Article 32 of the Palestinian Basic Law. Recommendations: The study recommends adopting clear legislation that delineates the boundaries between professional monitoring and workers' privacy, including the "right to disconnect" in Palestinian laws to grant employees the right not to be electronically available outside working hours. Additionally, it calls for procedural safeguards requiring employers to notify employees in advance about monitoring measures, thereby increasing transparency. The study emphasizes the importance of effective negotiations between both parties to clarify expression mechanisms and electronic monitoring procedures.

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