告知义务与隐私在何处分界（Where is the division between informing obligation and privacy）.docVIP

告知义务与隐私在何处分界（Where is the division between informing obligation and privacy） Recently, the media reported the hidden marriage family phenomenon in the workplace. Some enterprises believe that employees hidden marriage often bring some unexpected events, the bad handling will affect the normal operation of the enterprise, so want to let the unmarried candidates to provide the Civil Affairs Department issued a single certificate. This approach raises public discussion of whether employees have the right to conceal marital status. In fact, this phenomenon also involves an important legal point: in the recruitment and labor contracts, how can the workers privacy and personal information disclosure obligations be considered? How can the employers right to know and the risk of infringement be differentiated? And how to determine the information fraud in the behavior? This reporter interviewed on the issue before the law and human resource management professionals. The labor contract law in article eighth lists the employer shall truthfully inform the workers of the content, only stipulates that the employer has the right to know the basic situation is directly related to the workers and the labor contracts, the employee shall truthfully explain. Lu Zhifeng, deputy director of the legal affairs center of this newspaper, believes that this law is in fact a relatively principled provision of the right to know the employers and the right of privacy of the workers. The labor contract law provisions of article third, the labor contract, should follow a lawful, fair, equality, honesty and credit principle; Article twenty-sixth stipulates that: (a) by means of fraud or coercion or exploitation, make each other to make or change the labor contract in violation of the true meaning of labor, the contract is invalid or partially invalid. So, how to define the labor contract of the employers right, obligation and employee privacy, is an important problem of labor relations and labor i