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On The Protection Of Worker's Right To Privacy

Posted on:2020-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:H J YuFull Text:PDF
GTID:2416330596481082Subject:Law
Abstract/Summary:PDF Full Text Request
As a basic human right of our citizens,privacy rights are embodied in the field of labor relations as the privacy of workers.This right is based on modern legal values such as individual freedom and personal dignity.It aims to protect the individual of laborers in social labor relations.The safety of life and the security of personal information,the continuous improvement of its legal security system should be one of the goals of the current legislative work of the labor law in China.Although the construction of China's socialist legal system has made great progress,the rule of law civilization has become more and more popular among the people.However,under the background of the pursuit of the maximization of economic interests,the social rights of the laborers have conflicts with the principles of management efficiency.Because there is no substantive legal provisions and clear relief mechanisms,it is always in danger of being embattled.With the recent emergence of some labor rights protection cases in newspapers,the issue of labor privacy has gradually entered the center of public opinion.Labor is the first demand of people.Modern society is based on the precise division of labor.All walks of life,whether mental or physical,regardless of their social responsibilities or roles,in the case of employers,they are essentially laborers.It can be said that workers are the most widespread and widespread social existence in the world today.Therefore,the protection of workers' rights and interests has always been the main issue facing the whole society,which determines the stability and harmony of society to some extent.However,it is precisely because of the social division of labor that the interests of individuals and the purpose of the organization have deviated.The employer as a social organization has an innate negotiating advantage over the individual worker.The latter is often chosen to sacrifice between the organization of economic interests and the personal rights of workers.The law of modern society not only entrusts the requirements of order,but also bears people's expectation of fairness.Facing the inequality between employers and workers,the law must have something to do,and substantial help must be given to vulnerable workers.This paper is divided into four parts: the introduction is the first part of this paper.It introduces the purpose of this paper from the perspective of the background of the topic,the significance of the research,the research summary at home and abroad,and the research methods.In the research status of laborers' privacy rights,a large number of collections are collected.The study of the concept closely related to it,so as to make up for the lack of research on the concept of laborer's privacy.The second part is a brief introduction of related concepts.Through the introduction of the concept privacy right,the connotation of laborer's privacy right is defined,and the particularity of laborer's privacy right and the necessity of protecting the privacy of laborers are expounded.The third part summarizes the types of performance of the current laborer's privacy rights in China and the characteristics of each stage of rights violations.It analyzes the causes of the frequent violation of the privacy rights of laborers in China,and finds a breakthrough in finding effective solutions at various stages.This part comprehensively analyzes the status quo of the legal system of laborers' privacy and the deficiencies in legislation.In 2008,China introduced the first "Labor Contract Law" as a node.Comparing the protection of laborers' privacy rights before and after this node,legislation stipulates that,taking some local legislation as an example,it is concluded from the horizontal and vertical research that there are some shortcomings in the protection of laborers' privacy rights in China's legislation.The fourth part is the summary of the article.Combined with the shortcomings of the above-mentioned legislation in China,it puts forward relevant suggestions on the legal construction of labor rights of laborers in China,and clearly defines the legal status of privacy rights,emphasizes the establishment of guiding principles of rights protection,and micro-refinement.The laborer's right to privacy and the scope of the employer's right to know the right to increase the rights and remedies,so as to protect the laborer's right to protect and create a harmonious and stable socialist labor relationship.
Keywords/Search Tags:laborers, privacy rights, employers, right to know
PDF Full Text Request
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