The pre-contractual stage of the employment relationship and the right to lie | 2014

Author(s) Lígia Maria Costa Santos
Advisor(s) Teresa Alexandra Coelho Moreira
Year 2014

Synopsis The pre-contractual stage of the employment relationship assumes a huge importance in today’s society, just by its particular vulnerability due to the power disparity between contractors- candidates to a job and employers. On the one side, the worker needs the income taken from his/her job to satisfy his/her needs (and those from his/her family), not only in economic terms but also in social terms. On the other hand, the employer can easily replace that job candidate, mainly in widespread unemployment climates, as it is happening these days. The tendency is the following: the employer, having in mind the objective to select the most suitable candidate for the provision of labor, tries to collect as much information as possible in a way that he/she can invade the private sphere of the worker, and the latter, aiming to get the job offer, tends to voluntarily prescinds from the protection of his/her fundamental rights, exposing to the employer the most intimate aspects of his/her life. Throughout our dissertation we will pursue answers to the following questions: when and what is the fundament which makes in certain situations the worker to inform the employer? Which information can the employer legitimately demand and expect to receive from the worker, in the course of the employment contract negotiations? If the employer asks illegitimate questions to the worker, how can he/she react? Must he /she remain silently or react actively, providing incorrect information? Which other methods can the employer use beyond direct questions? May the worker refuse to perform any examinations that might have been prescribed?

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