Workplace searches: balancing employer’s interests and employee’s fundamental right

Abstract

The article examines the issue of workplace searches from the perspective of the legal balance between the employer’s right to protect property and the obligation to respect the employee’s fundamental rights. The author analyzes the legal framework governing private security and control activities, highlighting the absence of explicit regulation regarding body and vehicle searches of employees. The study emphasizes the practical and interpretative challenges arising from this legislative gap, stressing the need for clear internal regulations based on the employee’s informed consent and the principle of proportionality between the aim pursued and the means used. The conclusion affirms that workplace searches may be legitimate only when they respect the employee’s dignity, privacy, and physical integrity—fundamental values guaranteed by the Constitution and international human rights instruments.