The Empirical Study Of Employer's Right To Know

In the field of Labor Law System,the Right to know is divided into two parts including employer's and employee's,which directly legislated in the Article VIII of "Labor Contract Law".Interpretations of this ambiguous provision by courts are often not consistent,particularly about whether the employee's private information,such as crime history,sexual orientation and gene,that are entitled to know for their employer.At the same time,the reason of argumentation which can be see in the judgment document is too pale to form a convincing argumentation.The interests between Unit and Labor can not effectively reach a balance,and there are also many controversies on theory.To solve these problems,in addition to conducting specific analysis,a deep understanding of the employer's right to know is also critical.Firstly the exercise of the right should be on the premise of legitimacy,which can be proved from a perspective of the property attributes of labor.And because of the value of labor law,the employer's right to know should keep with the principle of tilt protection.The employer's right to know is also limited,which is determined by the property of the right.Except being in harmonize with the privacy of employee,considerations for equal employment rights are also essential.By analyzing," related to the labor contract directly" which can be seen in the legal provision should be understood within the limits,and from the point of view of the plea instance of employment discrimination and privacy,such information ought to be subjected to the job information that are necessary.In addition,in order to ensure the unity of rights and obligations,the employer has to undertake confidentiality obligations and the employee is required to bear the obligation to explain,which exists only in the scope of employer's right to know.As the Article VIII of the Labor Contract Law is often bound with the terms of the fraudulent or dismissal,the analysis are important,showing that the fraud clause and the dismissal clause occupy an important position in the system of employer's right to know.There is no need to build a new system of responsibility for employer's right to know,only require further explanation.Some suggestions from the judicial level and the legislative level are accessible at the end of this paper.First,at the judicial level,the judiciary should grasp the truemeaning as a free referee by taking both the value of privacy and equal employment rights intoconsideration,also taking a further step like introducing the "Oakes" principle.The ideas of“format clause " can be applied to measure the rationality of the rules and regulations.Then the court should maintain an integrated and sufficient argumentation when reaching arbitration.Besides,the guiding system for legal cases will play a vital role in the enforcement of law;Second,at the legislative level,legal provisions should established to clarify the connotation of the sentence that " directly associated with the Labor Contract ",and explicitly set the education,work experience and other personal information under the scope of employers' the right to know,also identify the status of these different conditions.At the same time,legislation needs to coordinate the relationship between the norms of internal labor law and between the norms of labor law and anti-employment discrimination,and then make good performance by linking each other.The foregoing ideas are just surround Article 8 of" Labor Contract Law,regarded as a starting point,however,beyond this point.To a certain extent,they could guide the development of the right to know in Labor law.For example,In terms of monitoring exists in the operation of the labor contract,the purpose,methods,etc.,of the employer's monitoring,must follow certain standards,ensuring that the employer's right to know runs on the rule of law orbit.