Legal Regulation On Employer's Pay Secrecy System

Although the law of our country has made stipulation to the rules and regulations for employers,but has no clear stipulation to the pay secrecy.In reeent years,pay secrecy system has been generally implemented by employers,and cases that workers are fired for violating the employer's pay secrecy system have also occurred frequently.The court has a legal judgment to support the employer's dismissal,and also has the contrary judgment.By comparing the literature and the case,we found that China's legislation and research on the pay secrecy system lag behind the United States.American law has clear provisions on the pay secrecy system and scholars have studied the legal status of the pay secrecy system,the impact on the work performance of workers,and the impact on the equal pay rights of workers.However,in China,there are both ambiguous legal provisions and few academic research results.This paper aims to make an attempt to enrich the research results on the pay secrecy system.The first part of this paper analyzes the meaning and legal nature of the pay secrecy system.The second part makes a specific analysis of the present situation and existing problems of the pay secreey system in China.The third part summarizes the experience of the United States on the basis of existing discussion and proposes the legal regulation of the pay secrecy system from both the legislative and judicial perspectives:Legislation should establish the conflicting boundary between the employment management right of the employer and the equal employment right and the right to know of the laborers,distinguish the application objects of the pay secrecy system and only implement the pay secrecy system to the position where the reasonable performance evaluation may contain more subjective factors and as well as the introduction of special talents,consider two factors of plot and influence about the penalties for workers and give the employer the appropriate discretion.Judicial trials should review the legality of the pay secrecy system from both the legality of the procedure and the legality of content.