A Research On The Labor’s Right To Privacy In China

One of the most essential characteristics in the labor relations is the body subordination between laborers and employers. It’s also one of characteristics in labor relations which is different from the other legal relationships. After the labor relations have been established between employers and employees, the employees use production tools and means which are provided by employers for working in the workplace. Based on this, the employers install some monitoring equipments, collect laborers’personal information are reasonable and necessary for the management. But if dose not handle well, the conflicts will come. In the labor relations, the laborers belong to the weak side, and the employers will violate the laborer’s privacy rights by their dominant position in financial terms. In real life, this happened frequently. The laborer’s privacy right is one of the laborer’s personality rights, it is also a basic human right which is enjoyed by laborers and the specific performance of privacy rights in labor relations. Laborers have rights of enjoying a peaceful personal life and inviolable personal information in the labor relations.The concept of the laborer’s privacy rights defines on the base of quoting lots of scholars’ viewpoints about concepts of privacy rights. Then it introduces the course of production and development of the laborer’s privacy rights briefly. Bases on all of this, from the subjects of right and obligation, the time, space and field that the right protected, analyses the particularities of protecting the laborer’s privacy rights. And from the personal dignity, personal freedom, and the shortness of civil law which our country uses now, analyses the necessities of protecting the laborer’s privacy rights. It also discusses the necessities of the right of employers’ management, and lists some kinds of conflicts between the right of employers’management and the laborer’s privacy right specific, analyses the bounds of the employers limiting the laborer’s privacy rights.The legislations we have formulated in our inland nearly a blank one for the laborer’s privacy right. The Labor Law, Labor Contract Law and some regulations which are formulated by provinces and cities’ governments are all only setting the rights of employers’management and their rights to know, requiring laborers to provide their personal information. It has no clause on protecting the laborer’s privacy right. The draft of civil code only has mentioned laborer’s privacy right in the workplace, and it can not contain all of the laborer’s privacy right. In the developed west countries and our Hong Kong and Taiwan, they have made lots of special laws, some even have founded special agencies for protecting the laborer’s privacy right better. From this, we can see how they value the protection about it, and analyses that can have some help for us.For the shortness of our legislation on the protection of laborer’s privacy right, and taking example by foreign and our Hong Kong and Taiwan’s advanced legislative experiences and technologies, states some advises on perfecting the protection system of the laborer’s privacy right. Proposes the principles of law and some measures of law on the protection of laborer’s privacy right, also puts forward some requires to every subject in the labor relations to do their jobs well. For finding a better way to protect the laborer’s privacy right, we should structure a complete set of institutional frame on protection of laborer’s privacy right, balance the conflicts of rights between laborers and employers and coordinate mutual interests.