Research On The Protection Of Workers’ Right To Peace Of Private Life

Roman law says,"The peace of the people is the supreme law." In modern society,peace of life has become an important part of people’s unremitting pursuit of a happy life.With the promulgation of the Civil Code of the People’s Republic of China,"peace of private life" has been officially benefited by law and become a legal right enjoyed by citizens.As a natural person,the right of laborers to enjoy peace of private life has its rationality and legitimacy.However,there are many obstacles to the realization of the laborers’ right to private life.Firstly,due to the nature of the labor field,the laborers’ right is subject to the employment management of the employers and infringes constantly in and out of the workplace.Secondly,the existing regulations are scattered and mainly focus on the protection of privacy information,and the responsibility for infringing the rest interests of workers is not fully implemented.The protection of privacy rights and the protection of traditional rest rights cannot be applied to the protection of the private life of workers.Based on the analysis of the current situation and predicament,this paper draws on foreign experience and suggests protection from civil law and labor law.In the path of civil law,we should first establish the legal status of laborers’ right to private peace,and clarify the constituent elements of laborers’ individual right to claim and private peace infringement.In the field of labor law,protection principles should be clearly defined,"off-line" system should be established,and related flexible working hours system should be perfected.At the same time,at the level of judicial relief,we should clarify the civil liability and administrative liability of the employer for infringement,and strengthen the labor security supervision,so as to fully realize the rights and interests of the private life of the workers.