Searches and inviolability of the worker: legal framework

Abstract

This paper analyzes the legal framework about the search of an employee person, his locker or his personal belongings, examining in detail article 18 of the Workers' Statute (ET). This article establishes the requirements for such searches, as well as the limits and fundamental rights that must be respected. This statutory provision is of considerable importance not only from the employer's perspective, as it grants the company the power to search this private and intimate space of the employee, but also from the employee's perspective, particularly due to its strong emphasis on protecting the fundamental rights to privacy and dignity. When these fundamental rights clash with the employer's control power in the employment relationship, a significant area of ​​conflict arises. Therefore, it is crucial to clearly define the legal framework for this conflict based on all relevant judicial and doctrinal interpretations.