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

RAO Zhijing & ZHOU Yunfan

Abstract: The pervasive existence of subordination in the workplace endows workers’ personality rights with a distinct specificity that differs from other civil subjects. The specificity of workers’ personality 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 response to the specificity arising in the labor domain, certain disputes concerning workers’ personality rights should be handled through labor dispute resolution procedures. In individual cases, judicial authorities should differentiate among protection levels based on the specific type of personality rights involved, with a focus on examining the reasons, methods, and extent of the employer’s restrictive actions, thereby establishing a practical and reasonable review system.、

Keywords: personality rights · workplace · personal freedom ·  human dignity · civil code