Research On The Employer's Right To Know

Researches on “the right to know” in the domestic academic world are mostly in the field of administrative law originally, only a few studies involved “the right to know” in the field of private law. “The right to know” is considered as a right of concept on public law when it firstly entered into the research scope of jurisprudential circle. The definition of “the right to know” has been expanded and extended with the development of the theory of “the right to know” and the practice of the legal system. More and more the concept of “the right to know” has emerged in the filed of private law, that researches has gradually became richer, but in the field of labor law, the researches concerning employer's right to know is still rarely seen. Accordingly, this article analyzes the problems of the employer's to know combine with the Article 8 of Labor Contract Law of People Republic of China. Except for the part of “introduction” and “conclusion”, this article was separated into four parts.The first part introduces the basic theory of the employer's right to know. According to that theory, this paper respectively analyzes the concept, nature and elements of the employer's right to know, and thus proposes the view that the employer's right to know is a kind of civil right with the nature of social law. At the same time, the employer shall actively ask the workers to explain the relevant information for the sake of realize the employer's right to know, only in a given case the employee has the obligation to actively explain the relevant information to the employer.The second part introduces the theoretical basis of the employer's right to know. This paper argues that the labor market is also a non-equilibrium market, thus the theory of information asymmetry is equally applicable. At the same time, the principle of good faith and the theory of labor contract collateral obligation theory is also the source of the theory of the employer's right to know.The third part through analyzing the reality on the relevant legal provisions and the judicial review concerns about the employer's right to know, this paper argues that the existing legal system of the employer's right to know has the following problems: First of all, the labor law does not have a clear definition of the employer's right to know. Secondly, the labor law is lack of regulation on the employer's right to know when the labor relationship is established. Finally, the legal relief system on the employer's right to know is insufficient.In the fourth part, the paper puts forward some specific suggestions to solve the problems of the legal system of the employer's right to know, as well as the principle of limiting the employer using the employer's right to know in order to provide principles for employer to use the right to know in practical situation, and more importantly to provide a ideal solution for judicial adjudication to decide the labor disputes.