The Legal Protection To Workers' Privacy In Labor Legal Relation

The Tort Liability Law protects the right of privacy as independent personality right, which leads protection awareness about the right of privacy deeply rooted among the people, and workers have stronger and stronger protection awareness. However, Chinese labor legislations have taken physical employment environment and guarantee of working conditions into consideration only for a long time, but ignored protection of workers'personality dignity. The Employment Contract Law which was promulgated lastly reflects the protection of workers'privacy rights by means of restriction of employers'rights to know. However, such rules are rather principled, lack of operability and relevant provisions on the liabilities to be assumed in case of torts. There must be no laws on which workers can use to protect themselves when their rights are infringed, therefore, conflicts and disputes in such filed become more and more. Legislations on privacy protection established on the basis of Civil Law and other pertinent laws cannot protect workers sufficiently, and it is necessary to establish systems on privacy protection in compliance with the ideas of the Labor Law. The scope and degree of the protection of workers'privacy rights and also requires employers to protect such rights. Protection of workers'privacy right must be based on analysis of various social interests and relative importance, and its core is in any case to realize the balance between employers'interests and workers'privacy rights. This Article mainly studies some issues about legal protection of workers'privacy rights, puts forward some proposals and general principles on perfection of legal protection and establishes the rules to be observed for protection of workers'privacy rights under various circumstances.