Tangshan guest
Have you achieved "freedom of circle of friends"? In the era of national marketing, in order to improve the communication rate, some companies have focused on the "fat meat" of employee friend circles, and some companies even require employees to forward them at fixed points and quantitatively every day, otherwise they will deduct money. Recently, the Chongqing Higher People's Court released a typical labor dispute case, in which an employee of a company was fined and fired for failing to forward the moment's moments as required by the company, which attracted attention. The court held that the circle of friends has a strong private domain nature, and the employer should not illegally interfere.
In recent years, employees' circle of friends has been brutally encroached upon by employers such as enterprises, which has also caused labor disputes and disputes, setting off many rounds of discussion in the society. This typical case released by the Chongqing High Court confirmed the private domain nature of the circle of friends in accordance with the law. In response to a maternity hospital's practice of requiring employees to promote relevant links in WeChat Moments, and deducting employees' wages and terminating labor contracts on the grounds that the workers did not operate in accordance with the requirements, the court gave a judicial evaluation of "neither reasonable nor illegal", making a maternity hospital bear adverse legal consequences. This case delineates the boundary of private rights of the employee's circle of friends, and also draws the bottom line of labor management for employers using the employee's circle of friends, which has universal legal education significance.
This typical case once again reiterates a legal common sense: the circle of friends is the "private circle" of employees, a veritable "self-media", and the "one-acre and three-point land" that employees publish, share and exchange information according to their personal wishes, rather than the employer's natural marketing and publicity resources, and cannot be "requisitioned" by the employer at will.
In real life, if a person's circle of friends publishes work information or advertising information of the unit all day long, it is likely to make relatives and friends feel bored, and even be blocked by some relatives and friends. Therefore, many people are unwilling to let their circle of friends become the "advertising circle" and "publicity circle" of the employer, unwilling to publish the work information of the unit in a series of articles, and unwilling to bring information harassment to relatives and friends. The employer's use of the employee's circle of friends should meet one of the following three circumstances: first, the employee voluntarily transfers the right of the circle of friends and voluntarily publishes the relevant information of the employer; Second, the employer and the employee follow the principle of voluntary and equal negotiation, and stipulate in the labor contract the employee's obligation to use Moments, Official Account, QQ, Weibo and other self-media accounts to publicize and promote the employer; Third, the rules and regulations and employee handbooks formulated by the employer clearly require employees to use media such as Moments to publish the work information of the unit, and the procedures for the employer to formulate rules and regulations and employee handbooks are legal, which fully protects the rights of employees or trade unions to know, consult, suggest and supervise.
If the labor contract does not stipulate the employee's obligation to publish the employer's work information in self-media such as Moments of Friends, and the employee is reluctant to forward the information of the employer, then the employer has no right to force the employee to post Moments. If the employer relies on the personal will of the person in charge and other managers or the management management meeting, formulates rules and regulations with obvious defects in the procedure, issues relevant mandatory requirements, arranges employees to regularly and quantitatively forward the relevant information of the unit, or even includes the forwarding of employees into the scope of work assessment, and imposes direct or disguised punishments such as "fines", transfers, dismissals and other penalties on employees who refuse to forward or forward those who do not meet the standards, it will touch the bottom line of the law, exceed the boundary of labor management, and infringe on the private space and labor rights of employees.
It is very important to standardize the labor management behavior of employers and protect the rights of employees' private space and labor rights and interests. Enterprises should respect the circle of friends space of employees, respect the labor rights and interests of employees, and guard the boundaries and bottom line of labor management. In response to the infringement of employees' friend circle space and labor rights and interests, employees should also actively protect their rights by reporting to the trade union, complaining and reporting to the labor inspection department, and initiating labor arbitration or litigation.
Courts, labor arbitration institutions, labor inspection departments, etc. shall, on the basis of facts and laws and regulations, safeguard the legitimate rights and interests of employees in accordance with the law, use vivid cases to draw a clear boundary between the private rights of employees' circle of friends, reaffirm the legal common sense of protecting the rights of employees' circle of friends in the private domain space and labor rights and interests, guide all sectors of society to strengthen the consensus of respecting the rights of the private domain space of employees' circle of friends, and protect the "freedom of circle of friends" of employees.