How to Draw a Line Between Employers’ Management and Employees’ Privacy Rights?

作者/编者:Linda Liang and Li Ruowei
作者单位:金杜律师事务所
创作年代:2017
出处/来源:金杜律师事务所
学科分类:劳动法学
所属机构:金杜律师事务所
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摘要

Enterprises’ management over employees is by no means limitless, but is, to varying degrees in different circumstances, restricted by employees’ individual rights. For example, the law provides that an employer can ask an employee for information directly related to the employment contract, but if an employer requests information beyond this category, such as personal medical records or parent information, it may be considered a violation of the employee’s privacy. However, although privacy is a statutory right of citizens, its scope and content always vary with the changes of a person’s social roles. For instance, the scope of an individual’s privacy towards his or her family is narrower than that towards strangers. So, based on the personal dependency characteristics of employment relationships, to what degree should employees’ privacy rights be subject to employers’ management? This article will study different cases to analyze and discuss how to draw a line between enterprises’ management and employees’ privacy.

关键词: Enterprises’ Management; Employees’ Privacy; Company Regulations

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