How can a company take over as it pleases?, The mandatory requirement for employees to forward work information has sparked heated discussions! Media article: Moments, requirements, and information

Some employers force employees to forward work information in order to promote marketing and expand publicity, which has sparked heated discussions

"Friend circle", how can companies occupy it if they want to

Not long ago, the Chongqing Higher People's Court announced a case where an employee was fined 10000 yuan and dismissed for not forwarding their social media posts, which has attracted widespread attention. In 2017, a certain obstetrics and gynecology hospital launched an employee WeChat Moments promotion activity. The driver of the hospital, Chen, was deducted 10000 yuan from his salary and his labor relationship was terminated due to not forwarding the relevant links as required. Subsequently, Chen defended his rights through legal means. In the end, the court ruled that the hospital would issue Chen's salary and pay compensation for the illegal termination of the labor contract.

The reporter's interview found that behind the heated discussion about Chen's experience is the dissatisfaction of many workers with the employer's mandatory requirement to forward work information. WeChat and Moments were originally personal social places. The practice of some units forcibly recruiting employee social media for marketing and expanding publicity has caused resentment.

I have resistance to mandatory demands, but I have to turn around

"Moments are a very private space, and occasionally forwarding a few work messages is understandable, but forcing them to be forwarded is annoying." Ms. Liu works at a large supermarket in Shijiazhuang, Hebei, and according to the supermarket's requirements, she often needs to forward promotional messages to her Moments. "Many friends have blocked me now, and I feel like a WeChat merchant." Ms. Liu plans to apply for another WeChat account specifically for sending work messages.

Looking through the social platform, the reporter found that there were many employers who forcibly recruited the circle of employees' friends, and many people posted roast about this.

The netizen "Xiaoshan" revealed that his kindergarten requires all teachers to follow the "311 mode" of enrollment promotion, that is, "forward enrollment information to WeChat friends circle 3 times, video number 1 time, and Tiktok 1 time every day", and take a screenshot for filing. "If I don't forward it in time, I will be considered not to pay attention to unity and cooperation in my work. I am still in the internship period, and I have to persist in forwarding it every day in order to become a regular student."

Who works in the hospital is required to forward articles on the hospital's WeChat official account two times a day, and may not select "private", "partially visible" and other shielding options. Those who fail to complete the task will be fined money. The practice of "only punishing without rewards" and daily sampling and forwarding by the unit has made He Fang and colleagues very resistant to this.

Some companies link forwarding situations to revenue

The news of employees being forcibly requisitioned on their WeChat Moments is not uncommon. Not long ago, employees of a research institute in Zhejiang were criticized for not forwarding team building videos, and the news was exposed and made it to the hot search list.

Many respondents expressed disgust with the mandatory measures taken by the unit, but due to the pressure of work and life, they had to swallow their pride and silently complete this "extra task".

The reporter noticed that employers often require employees to forward work information for marketing and publicity purposes. Some companies also use the phrase "working together with the company" to make requirements for reposting content, posting frequency, likes, and even personal avatars, and link employee reposts to their income and career development.

The income and sales of salespeople are directly related. Therefore, while the company requires forwarding, many salespeople have to do so in order to attract customers. Xiao Tang, who works as a salesperson at a sofa company, posts activity information to his social media every day.

Senior human resources consultant Jiang Qiaolin said that employees forwarding work information on WeChat Moments has a certain dissemination effect and a lower cost. However, Jiang Qiaolin also pointed out that "brand and product promotion is a systematic project, and the audience affected through this method is limited. At the same time, there is suspicion of infringing on employees' private domain traffic, which poses certain legal and moral risks to the enterprise."

Should follow the principle of voluntariness

"Whether employees share work information on WeChat Moments should follow the principle of voluntary participation," said Zhang Yanfeng, a lawyer at Kyoto Law Firm in Beijing. Requesting employees to share work information on their personal Moments may be a violation of privacy and freedom of speech.

Zhang Yanfeng introduced that according to the Labor Contract Law, not forwarding work information on WeChat Moments is not a legitimate reason for deducting wages. At the same time, employers must also have sufficient legal reasons for termination and termination of labor contracts. If the employer has not clearly agreed with the employee in advance on the job responsibilities for forwarding work information in the labor contract, then the act of terminating the labor contract on this basis does not meet the statutory conditions for terminating the labor contract and infringes on the legitimate rights and interests of the employee.

The Chongqing court responsible for hearing the aforementioned Chen case believes that the approval of the employee representative assembly is a necessary procedure for employers to formulate or modify certain major matters, especially when it comes to regulations or major matters related to labor remuneration, working hours, etc. that directly affect the interests of workers, they should be determined through equal consultation with the labor union or employee representatives through the above procedures. In this case, the WeChat link promotion activity developed by Chen's hospital involves the remuneration of workers and the personal life of WeChat Moments, which is a system directly related to the interests of workers. However, this system is a unilateral requirement and does not have legality without the above procedures.

"If a worker is demoted or dismissed due to not forwarding information, they should check whether there are provisions regarding such behavior in the labor contract. If there are no clear provisions, they should promptly apply for labor arbitration to the local labor arbitration department." Zhang Yanfeng reminded.

"Generally speaking, units with high brand reputation will not force employees to forward work information. On the contrary, employees will actively forward their work information to show their recognition of the company's products or concepts, which is something that employers should think about and learn from." said Jiang Qiaolin.