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The Right Of Employee Privacy Protction

Posted on:2006-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:T O XieFull Text:PDF
GTID:2166360155965597Subject:Law
Abstract/Summary:PDF Full Text Request
The employee right to privacy is a kind of right of privacy of special type, and it is also basic human rights that the employee possess. It is good to the value of the free, the value of order, and the dignified value of the employee personality. The employer right to know is the right that the employer possess to know about employee. It is important to employer. The employee right to privacy conflicts with the employer right to know. The key that protects the employee right to privacy is to balance the two rights. The conflict happens before signing the labor contract, performing the labor contract, reliefing or terminating the labor contract and in the fact labor contract. It needs to consider the benefits of the employee, the employer and the society for balancing the conflict. The basic principles that balances the conflict are the social benefit first principle, balancing benefits and coordination principle, and supporting the personality dignity principle. After comparing, drawing lessons from the relevant international organization, main west nations, Hong Kong, Taiwan, Macau protection system, the author consider that in china, the system of protecting the right to employee privacy has not been set up, and it can not meet the demands of society for full protection of the right. the author concludes that it is essential and importantto set up the perfect system of protecting the emplyee right to privacy, and makes four suggestions to perfect the system of the employee right to privacy. These suggestions are prescribing the employee right to privacy in civil law, establishing the lowest standard of protecting the employee privacy in labor law, amending the penal code to protect the employee right to privacy, and attaching importance to the function of the case.
Keywords/Search Tags:The right employee to privacy, The right employer to know, Conflict, Balance, perfect
PDF Full Text Request
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