Research On The Freedom Of Employees’ Speech Freedom From The Perspective Of Labor Law

The right to freedom of speech,as a basic right of citizens,is recognized by the constitutions of countries including our own.However,rights have their margins,and their exercise is not unlimited.Especially under the adjustment of labor relations,the employee status of citizens makes the stakeholders involved in their speech more clear,that is,the employer and the public interest.The freedom of speech will also be restricted.Therefore,studying the boundary of employees’ freedom of speech from the perspective of labor law is of great significance for both theory and practice.First of all,the establishment of the freedom of speech of employees.In this process,it is mainly carried out in accordance with the relevant principles of interest measurement.The research on the specific elements contained in the employee’s freedom of speech boundary,including the content and scope of speech,is based on the legal basis of the employee’s freedom of speech and its limitations,namely the theory of freedom of speech in the constitution and the theory of faithful duty in labor law.Secondly,based on the principles and factors that establish the boundaries of employees’ freedom of speech,the relationship between employees’ freedom of speech and their stakeholders is specifically measured.The nature of the interests is discussed separately to further outline the boundaries of employees’ freedom of speech.For the conflict and balance with the rights of employers,the balance between the rights of legal subjects in the field of private law applies,and the constituent elements of employee rights violations against employers can be judged under the framework of infringement.When the relationship between the public interests of the society is concerned,it should be based on the protection of the public interest of the public.Finally,the employee’s^remarks break through the established boundaries,and the employee itself should be held liable.In contrast,the employer can also provide rights relief.Therefore,through the positive definition of the employee’s freedom of speech boundary,the author analyzes the legal liability that may conflict with the employee’s freedom of speech and break through the boundary,so that the employee’s freedom of speech boundary is clearer to provide a basis for the judging of the theory and the judgment of the boundary of employees’ freedom of speech in practice.