Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss
Recently, a netizen from Shandong posted that she was demoted to a probationary period due to being discovered by her boss while building a small group with a colleague, and another colleague who was on probation was fired.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/5c3f84b92b6867e4d9637f6a33b8ee9f.jpg)
The netizen also claimed that the boss discovered the matter of building a small group through monitoring, and without communicating with them, directly notified them to downgrade it to a probationary period. Currently, it is in negotiations with the boss.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/b5a7731cfac4e5e65b6137651fabe7c1.jpg)
The operation of "building small groups has been downgraded to a probationary period" has sparked discussions among netizens, with some saying that the company's layout is too small! Some netizens are puzzled - can't there be private interaction between employees? Some netizens also suggest that labor arbitration can be adopted.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/9d83753cd4b472d6e532413c2a0fd297.jpg)
Regarding this, Lawyer Xing Zhifan, a member of the Lawyer Expert Database of the Rule of Law Daily and Senior Partner of Beijing Dehe Heng Law Firm, pointed out that labor contracts are legal documents signed by employers and employees through consultation. According to Article 35, Paragraph 1 of the Labor Contract Law, if the employer and the employee reach a consensus through consultation, they may modify the contents of the labor contract. Any changes to the labor contract shall be made in writing. That is to say, enterprises are not allowed to unilaterally modify labor contracts without the consent of the workers. In this incident, the company unilaterally downgraded employees to probationary periods through notification, which violated the relevant provisions of the Labor Contract Law.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/e4f184065ccc34048833882a401ea18b.jpg)
In addition, regarding the issue of employee probationary period, Lawyer Xing Zhifan also stated that when an employee enters the employer, the employer can legally agree on a probationary period with the employee. The length of the probationary period varies depending on the duration of the labor contract. However, according to the provisions of the Labor Contract Law, the same employer and the same employee can only agree on one probationary period. Therefore, employers have no right to convert employees who have completed their probationary period back to probationary period.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/f0e9fd0e4af9fdddc8520dcc369107a6.jpg)
The Research Institute of Rule.cn found that it is not an exception to prohibit employees from setting up small groups privately. Many netizens have posted roast about such requirements of enterprises or bosses. A netizen posted a screenshot of their company's group chat on Maimai, showing that "the company manual has added a clause prohibiting employees from establishing private groups for current employees other than the boss. In the future, if any new content is discovered, it will be unconditionally dismissed." Under this post, there are mostly comments that do not support the company's move.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/078bfad88634a21febb53b2d923862dc.jpg)
Does the company have the right to prohibit employees from establishing private groups? Lawyer Xing Zhifan pointed out that the establishment of small groups by employees using private accounts on their personal mobile phones is a personal behavior of employees outside of work and has nothing to do with the company. The company has no right to interfere with the personal lives of its employees or to prohibit them from establishing small groups.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/c099e2aa16cd0052b7cc1a6d8101414a.jpg)
"Enterprises should pay attention to distinguishing between employees' work and personal life, and not interfere with their personal life. If the enterprise has work requirements for employees, they should convert the relevant requirements into company rules and regulations through legal procedures for implementation. If the enterprise needs to change the content of the labor contract with employees, it should pay attention to friendly negotiations with the employees." Lawyer Xing Zhifan reminds.
![Netizen: The pattern is too small!, An employee was demoted by the boss to a probationary employer due to building a small group | colleague | boss](https://a5qu.com/upload/images/28a95fc658a3a2fa7f409354b98cf143.jpg)