"If you love, please love deeply" "Don't bow your head, the crown will fall" ... A few years ago, when our generation of Internet "new new humans" weaved all kinds of pretentious words and expressed their personalities on social media, they probably did not expect that if they became workers in the future, their social media would be "requisitioned" by the unit and "carried public goods".
Recently, a judicial precedent published by the Chongqing Higher People's Court that "employees who do not forward their moments were fined 1,200 yuan and dismissed" resonated with netizens. The unit involved is a maternity hospital, and all employees are required to promote hospital information every day and evaluate the amount of information forwarded, and those who fail to meet the standard will be paid according to the standard of 2017 yuan per person. From July 7 to August 2021, employee Chen was deducted from his salary by the hospital for not forwarding as required. After trial, the court of first instance ordered the hospital to pay Chen 8,1 yuan in salary and 50809,6.<> yuan in compensation for illegally terminating the labor contract. The hospital was not satisfied and appealed.
The Third Intermediate People's Court of Chongqing Municipality held that the WeChat link promotion activity formulated by the maternity hospital was a system directly related to the relevant interests of workers because it involved workers' remuneration and the personal life of WeChat Moments, and should be discussed and approved through the employee congress. It was not legal for the hospital to deduct the employee's remuneration and terminate the employment contract on this basis, so the judgment dismissed the appeal and upheld the original judgment.
This case really resonates with the "migrant workers". In daily life, in order to market and expand publicity, some employers use various internal systems and regulations to almost forcibly "requisition" the circle of friends of workers. Some netizens work in sales positions and often need to forward promotional information to the circle of friends, "feeling like a micro-business", which is blocked by many friends. Some netizens complained, "The holiday unit has activities to send, usually there is no activity to create activities to be sent, every day to be sent, and also stipulates that a few messages are sent, whose circle of friends is this?" Some people are worried, "Where to work is personal privacy, and posting moments for some unfamiliar WeChat contacts to see, is very insecure." ”
It stands to reason that "my circle of friends is my decision", it is not excluded that some people like to post some work-related content in the circle of friends: some take the initiative to promote out of recognition of the work content; Some hope to show their workplace efforts and achieve "upward management"; More typically, there is no micro-business that uses personal reputation endorsement and advertises to social circles.
However, many workers are indeed disgusted with the requirements of the unit to force the circle of friends, and are forced by the pressure of work and life, and have to swallow their anger and silently complete this special task. Even many units have made a "double standard", you can't fiddle with your mobile phone casually during work hours, but you can't wait to take your circle of friends into public ownership after work. For example, after a person gets off work, the window at home is forced to contract advertising to the unit, comparing the "salary" to the heart, should the unit bear the cost of the advertising space?
But the reality is that the unit often does not increase the money for the laborer, but feels that it is taken for granted, and there is no reward for the circle of friends, and there is no penalty. Not long ago, an employee of a research institute in Zhejiang was notified and criticized for not forwarding the team building video, and after the news was exposed, it appeared on the hot search list, and the unit involved realized that it was "inappropriate" and revoked the notice.
The judgment of the Third Intermediate Court of Chongqing Municipality supports the "beating workers". Through the interpretation of the case, the court stated that the employee's personal social account is a social derivative of acquaintances, and they are inherently acquaintances. As an important part of personal social WeChat account, WeChat Moments is mainly used to record and share the daily life of account users, so its use should be decided by the account owner himself, and the employer forces employees to "carry public goods" in personal social accounts, which essentially infringes on the right of employees to use personal social accounts and restricts their personal social freedom. The court also pointed out that this behavior also made it impossible for the workers themselves to screen the legality and authenticity of the company's publicity information, and undermined the basic social norms of consistency between speech and responsibility. This is neither conscionable nor in accordance with the law.
In April, the Third Intermediate People's Court of Beijing Municipality released a case that answered the question of whether WeChat counts as overtime even after work. Ms. Li, who used to work as a product operator at a technology company, claimed that she worked a total of more than 4 hours of overtime after work, rest days and statutory holidays, but the company did not pay the relevant fees, and submitted chat records, screenshots of shift schedules and software clock-in records, and "holiday community official account duty schedule". The technology company said that Ms. Li is the head of the operation department, and "calling her after work is not considered overtime." Regarding Ms. Li's claim of being on duty on weekends and statutory holidays, the technology company said, "It is only necessary to reply to the information required by customers, and it is not in the scope of overtime."
The court held that for the use of social media such as WeChat to carry out work, if the employee's use of social media to carry out work during non-working hours has exceeded the scope of general simple communication, the employee has paid substantial labor content, or the use of social media to work has the characteristics of periodicity and fixedity, which obviously occupies the employee's rest time, it should be recognized as overtime, so it ruled that the technology company paid part of the overtime pay.
In recent years, similar judicial cases have continued to emerge, clarifying some new workplace phenomena in the era of online social networking. It is also time for some employers to adjust their management and philosophy and respect the personal rights and interests of employees more. After all, a good workplace environment requires both labor and management to be able to ask for "salary".
Liu Yan Source: China Youth Daily