Research On The Legislation Of Employer’s Right To Know

The right to know originally existed as a right in the field of public law,but with the continuous construction of the rule of Law Society and the rapid development of the market economy,people’s awareness of the rule of law is increasing day by day,the concept of rights protection has also begun to take root,and the right to know as an independent legal concept has gradually permeated the field of private.Among them,the right to know is particularly worthy of attention in the field of labor law.From the present point of view of China,a very clear fact of people’s livelihood: employment.There is no doubt that employment concerns every one of us.General Secretary Xi Jinping’s words in the 19 reports: Employment is the biggest people’s livelihood.Employment will often involve conflicts of interest between employers and workers,among which the most prominent problem is that employers rely on their own strong position to exercise excessive right to know.In recent years,the research results of the right to know in the private law field have become increasingly rich,but most of them are based on the protection of laborers’ right to privacy,and the research on the legislation of the employer’s right to know is still rare.The author believes that in the context of the society where labor supply exceeds demand,how to protect the rights and interests of laborers,when workers are employed and work,they are often forced to get a job and indirectly give up their own right.Based on this,this paper is based on the legislation of the employer’s right to know in the second half of article 8 of The Labor Contract Law.From the source to finds the problem,analyzes the specific problem,and regulate it,proposes the legislative perfection,and analyzes it.Whether in legislation or in basic theory,the employer’s right to know is a granted right.There is nothing wrong with the employer has right to know based on the asymmetry information theory,the principle of equality,the honesty credit principle,and The Labor Contract Law also affirmed this.However,the right does not mean that abuse of right.Among them,the privacy protection of laborers and the theory of anti-employment discrimination limit the employer’s right to know to a certain extent.There are three problems existing in the legislation of employer’s right to know.First,although article 8th of The Labor Contract law stipulates the employer’s right to know at the recruitment stage,the scope of the regulation is not so accurate that it is difficult to actually operate in practice;secondly,legislation does not involve the use of the right to know in the post-labor relationship,so it is difficult to integrate with judicial practice;finally,there is no relevant law in the legislation stipulate the employer has the obligation to protect the acquired information after entitled the right to know,so that the information leakage of the laborer is serious,which is quite different from the original intention of The Labor Contract Law to protect the interests of laborers.Based on this,the author has consulted a large number of dispute cases arising from the improper exercise of the employer’s right to know at home and abroad,and also refers to three typical countries with extraterritorial legislation on the employer’s right to know: France,Germany and Japan.This paper summarizes the legislative provisions,judicial practice and concrete cases on the employer’s right to know in these three countries,in order to serve as a reference for the suggestions on the improvement of the employer’s right to know legislation in China.Based on the above three problems in the above-mentioned employer’s right to know legislation,the author puts forward three suggestions for perfecting legislation.First of all,the scope of the employer’s right to know in the recruitment stage is not clear.The author refers to the French labor legislation ’ s “ directly related to work ” standards,based on the more prominent cases in China’s practice,aim at the personal information of the laborers,the health status,qualification certificates,etc.Defined it within the scope of “work”,rather than within the scope of the previous “labor contract”,and put forward legislative proposals to clarify the scope of their exercise;secondly,there is no legislative provision in the post-labor relationship,which is quite different from judicial practice.Because there are too many disputes in practice,the author refers to the three cases of Germany and the “minimum damage to human rights” standard in Japan.The most important thing is that in recent years,China has paid more and more attention to human rights protection.From the protection of the human rights of laborers,it restricts the employer’s unrestricted exercise of the right to know.It puts forward highly feasible suggestions for legislative;finally,base on the lack of legislation on the employer’s protection obligation after entitled the right to know,the author base on the serious problem of information leakage caused by the abuse of the employer’s right to know.It is suggested that the law should clarify the information protection obligation after the employer’s right to know is entitled,and stipulate legal responsibilities,and asked the employer to formulate rules and regulations for internal supervision,and put forward feasible legislative improvement proposals.This article starts from the source of the employer’s right to know,and takes the second half of article 8 of The Labor Contract Law as a breakthrough.Based on the legislative issues and the current situation of labor disputes in China,have consulted a large number of domestic and foreign literature reviews and referenced many real life.Using case analysis method,comparative research method,specific analysis of specific problems,putting forward legislative proposals for legislative issues,hoping to make up for legal loopholes,providing new ideas for solving problems in judicial practice,and hope that this paper can make a small contribution to the legislative research on the employer’s right to know.