The Legal Protection Of Laborer’s Privacy Right

As a new right,workers’ right to privacy is the product of the development of the times,the embodiment of general privacy protection in labor relations,and the generalization of workers’ spiritual personality right.As individuals in the society,the protection of workers’ privacy not only affects each worker himself,but also relates to the harmonious development of the whole society.Protecting the right of privacy of workers and paying attention to their legitimate rights and interests are conducive to the realization of their personal independence and self-worth,in line with the values of dignity,freedom and order,and in line with the requirements of the development of the times and the rule of law society.However,due to the lack of clear,effective and targeted protection of workers’ privacy in the current law,we can only gradually transition to the level of protecting workers’ privacy through the relevant provisions on general privacy.Therefore,it is necessary to put forward perfect suggestions for the legal problems existing in the protection of workers’ privacy,so as to fully protect workers’ privacy.In addition to the introduction,this paper is divided into four parts:The first part starts with the theoretical analysis of the legal protection of workers’ privacy.On the basis of discussing the concept of privacy,the definition of workers’ privacy and the theoretical basis of the legal protection of workers’ privacy,it summarizes the necessity of protecting workers’ privacy.The second part introduces the relevant legal provisions of international labor conventions,the United States,France and Japan on the protection of workers’ privacy,as well as the reference for the construction of the legal protection system of workers’ privacy in China,mainly including the reference for the international labor conventions,the principle of proportionality and the relatively open definition standard followed by the United States,France and Japan in the protection of workers’ privacy And coordinate the conflict between the employer’s right to know and the employee’s right to privacy.The third part mainly introduces the current situation of legislation in the field of constitution,labor law and other laws on workers’ privacy,as well as the principles of legal protection of workers’ privacy,the scope of legal protection of workers’ privacy,the legal responsibility of infringement on workers’ privacy,and the conflict between the protection of workers’ privacy and the rights of other subjects It’s a matter of time.The fourth part mainly puts forward the principle of interest measurement,the principle of proportion,the principle of occupation distinction,the principle of procedure and agreement;puts forward the relative open standard of defining the legal protection scope of workers’ right to privacy and the specific protection measures for personal information,personal activities and personal space;clarifies the economic compensation responsibility and criminal responsibility of employers when infringing workers’ right to privacy;and puts forward some suggestions for coordination The conflict between workers’ right to privacy,the public’s right to know and the employer’s right to know and so on.