Protection In The Workplace And Employee Privacy Employers Search Behavior

The protection of Labor Law for the rights of labors only stays in the materiallevel, the behoove of which is the guarantee of the labor rights. With the improvementof social productivity and the growing material and cultural needs, the alienation oflabor leads to labor conflicts with each passing day. By constructing and perfectingthe legal system, restoring laboring nature and protecting decent work specificrequirements of the Central Committee of the party based on people-oriented conceptin the field of labor relations, but also the basic conditions for constructingharmonious labor relations. What’s more, the maintenance of employee privacy is thekey of decent work in the new era. The premise of decent work is the protection ofemployees’ personal dignity and freedom. Although employers need to invadeemployee’s privacy in order to organize management, employees should respectprivacy of employee in the workplace. With the rapid development of new mediatechnology, a variety of intrusive means are applied by the employers to invade.Therefore, employee privacy should be paid more attention.In terms of privacy invasion, a variety of employers search are applied withdifferent level. In this paper, employer search in the workplace is used as the researchobject, combined with case analysis, introducing the United States Constitution, thecommon law and Federal Labor Law to protect the employee privacy. The first part ofthe paper will focus on the search behavior of the Public Sector Employers on thegovernment employees, and on introducing employers search applicable standardsand principles establishing by the O ’Connor v. Ortega case based on the FourthAmendment of Constitution.The second part of the paper focuses on private sector employers’ searchbehavior on employees, and on the introduction of relief ways based on tort law. Asfor Private subject of Employers Association and trade union members, employerssearch cannot only seek the common law relief, but also relief under federal labor lawbecause of their special status.The third part mainly introduces Preempted by Federal Labor Law applicablecase and Arbitration rules the applicable case, taking Labor Management RelationsAct, Railway Labor Act, National Labor Relations Act as the main object.The fourth part proposes how to improve our country’s system summarizing theexperience of the United States. The author thinks that the labor law of our country should learn from American experience to include privacy rights in the scope ofprotection, should limit employer search on the basis of constraining employersthrough consensus search behavior of the asylum, discriminating employers searchbehavior, and understand the principle of moderation, value order principle,minimally invasive principle on the employer search by the boundary of “related towork”.