Research On Laborers' Privacy Protection

Labor right is the legitimate right granted by the Constitution to every citizen.Citizens have the right to freely choose employers when choosing jobs.The most essential characteristic of the labor relations between employees and employers as a result of labor is the personal subordination between them,which is also one of the different characteristics of labor relations and other legal relations.The latest "Draft of Personality Rights(Draft for Comments)" roughly discusses the citizens' privacy right and the violation of the right of privacy,which embodies the promotion of economic development to citizens' privacy awareness.Workers' privacy right is subordinate to the right of privacy,which is embodied in labor relations.This paper mainly discusses the contradiction and conflict between the employers' management right and the worker's privacy right,which runs through the establishment of the relationship between the two.Article 8 of the current Labor Contract Law has made corresponding principled provisions for employers to collect the information of employees.However,this content can't be applied in judicial practice.In practice,the lag of relevant legislation in China has the characteristics of unclear definition of employees' privacy right contents,unclear stipulation of infringement methods and insufficient relief channels.we can draw lessons from the European and American countries' advanced legislative concepts,if we want to solve the problems existing in this legislation.We should adopt good advice,start from legal principles,legal suggestions and implementation measures to construct the protection system of employees' right of privacy in China based on national conditions.And to protecting the legitimate rights and interests of both sides and pave a way to safeguard the employees' privacy right on the basis of not breaking the labor relationship between employers and employees.