英文摘要 |
In the labor relations, employers usually have to supervise the working situation of employees with various methods based on the rights to command and supervise the facility. However, as a natural person, a laborer’s right to privacy needs to be protected. Thus, the balance between the former and the latter becomes the important issue nowadays. This paper refers to the Japanese law with a focus on the surveillance of labor by discussing the meaning of concentrating on performing duties and analyzing the types of torture causing by the surveillance of labor. Moreover, this article examines the relevant laws, the applications and the remedies, and further suggests a concrete standard for gathering the consent of labor as a resolute condition by legalizing the supplementary obligation of employers to protect personal information of labor. Additionally, the article argues that the negotiation qualification stated in the Article 6.3.(3) of the Collective Negotiation Act should be extended in order to achieve the possibility of a collective negotiation between self-employed workers and platform-operators on working conditions including surveillance of labor due to the fourth industrial revolution. |