Research On The Right Of Labor's Privacy

The right of labor's privacy is a basic right that labor should possess at the aspect of personality. It is labor's demand for keeping necessary private space. Furthermore, it indicates the labor's requirement for dignity in workplace. Firstly, we begin our thesis with the research on the origin of the right. By analyzing its essence and value, we try to search for its rationality. And then, we discuss the conflict and harmony between the right of labor's privacy and the employer's right to know. Through this we can find the point of balance,and then advance feasible legal suggestion. We are developing our research through four stages:In the first chapter, we discuss the concept and content of the right of labor's privacy.In the part of the concept analysis, we mainly advance the reasons for which the right of labor's privacy appears, based on the research of the privacy's history. Then define the relation between privacy and labor's privacy. The right of labor's privacy come into being by taking root in morality an society. We take the right of labor's privacy as a moral right in research. At present hardly one person can draw a normative definition for the right of labor's privacy, for there are so little research on this issue. Therefor we have no choice but to draw definition through the analysis of the right of privacy. We describe the right of labor's privacy as a right that allow the labor to control their privacy space ,activity and information. The right get rid of the intervention from others.In the part of the content analysis, we go deep into its structure based on the research of the party, object and content. The party of the labor's privacy right is labor. In this thesis we define the labor as a person who engage submissive work based on private law contract. The object of the right is labor's privacy. The range of the privacy is very large. In order to realize the right of labor's privacy, we do our best to confirm its range. The right of labor's privacy mainly protect the labor's private information, activity and space in workplace. The content of the right is the exact means by which the labor perform. Simply, the content include hiding, using, controling and safeguarding labor's privacy.In the second chapter, we mainly demonstrate the essence and value of the right of labor's privacy.We chiefly analyze the essence of right, interest and human nature. Then we conclude that the right of labor's privacy has three sides essence. Its right essence is a basical personality right. Its interest essence is the need for necessary private space. Its human nature essence is the respect for labor's dignity.After that, we try to search for the value that the right of labor's privacy represent. Its value is involved in freedom, order and dignity. Simply,the value of freedom rest at that it provide a safeguard for labor to control their privacy and get rid of intervention. The value of order rest at that the right of labor's privacy ensure the stability of human's relation, the regular of human's activity, the safety of human's body and possession. The value of dignity rest at that it realize the person's spirit freedom by making privacy space. So it proves a person's real sense. It is the respect for labor's dignity. The third chapter's main content is the conflict and harmony between the right of labor's privacy and the employer's right to know.Firstly, we explain the employer's right to know. It is such a right which allows the employer to know the labor's private information and activity. The employer can realize its right by the means of stakeout, monitor, search, inspection and collection of private information. The reason for the employer's right to know is based on the possession of the workplace and the need for management.Second, the right of labor's privacy and the employer's right to know are a couple of opposite rights. There are conflicts in many aspects in them. From the aspect of right, the right of labor's privacy is a nagative right, but the employer's right to know is a positive right. From the aspect of interest, the right of labor's privacy mainly protect the labor's dignity, but the employer's right to know mainly protect the employer's interest. From the aspect of confines, there is not a clear sideline between them. The ambiguity in the confines result in the conflicts between the two rights.Finally, we make efforts to harmonize the two rights by the way of interest weighing. For the sake of the right harmony, we weigh their interests through three stages. At the stage of legislation, we should make law to rationally assign the right and obligation, and balance their interests. At the stage of right exertion, we should define the rights'limit, and harmony their interests. At the stage of right relief, the judge should prioritily protect more important interest by free judgement.Chapter four is mainly about the protect and limit of the right of labor's privacy.By comparing other countries'legislations, we allege that our country should take direct protect mode to safeguard the right of labor's privacy. For the reason of the social interest's universality, that the labor's right is unavoidable to endure some limit. To restrict the labor right is the need for maintain social interest and improve the work efficiency. We discuss the limit's conditions based on the analysis of its reasons. We should restrict the labor's right at the aspects of range, purpose and self-choice. At the end of the thesis, we advance the feasible legal suggestions. The right of labor's privacy should be protected by civil law, labor law and other local statutes. Only by giving the right general protect, the right of labor's privacy can be ultimately realized.