人权(英文版)2024,Vol.23Issue(5) :1122-1147.

Justification of and Response to the Specificity of Workers'Personality Rights

饶志静 周云帆 LI Donglin
人权(英文版)2024,Vol.23Issue(5) :1122-1147.
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Justification of and Response to the Specificity of Workers'Personality Rights

饶志静 1周云帆 1LI Donglin
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作者信息

  • 1. School of Economic Law,East China University of Political Science and Law
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Abstract

The pervasive existence of subordination in the work-place endows workers'personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers'per-sonality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers'economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers'personality rights should be handled through la-bor dispute resolution procedures.In individual cases,judicial author-ities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the rea-sons,methods,and extent of the employer's restrictive actions,thereby establishing a practical and reasonable review system.

Key words

personality rights/workplace/personal freedom/human dignity/Civil Code

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出版年

2024
人权(英文版)

人权(英文版)

ISSN:1671-4016
参考文献量14
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