Is it illegal for companies to force employees to post moments?

Illegal acts are also known as "invalid acts". One of the illegal acts. Acts that violate laws and regulations.

It differs from an objectively unlawful act in that the perpetrator is subjectively at fault in committing the act, thus violating the social relations protected by the law. Subjective fault refers to two subjective states: intentional or negligent. According to the nature of the violation, the illegal acts can be divided into criminal violations, civil violations, economic violations, administrative violations, etc.; According to the degree of harm to society, violations can be divided into general violations and serious violations (crimes).

The concept of illegality is divided into broad and narrow senses. Violations in the broad sense refer to all violations of the provisions of the law in force, including general violations and crimes. In the narrow sense, a violation of the law refers to an act that seriously violates the law but does not constitute a crime.

We are here to discuss the violation of the law in a broad sense.

The connection between breaking the law and committing a crime is that a crime must be illegal, and breaking the law is not necessarily a crime. The difference is that the degree of social harm of the crime is more serious than that of the illegal act, and most of the criminal acts are subject to criminal liability, and the illegal acts bear administrative responsibility or civil liability.

There is a distinction between violations and some other acts. First of all, illegal behavior is different from ethical behavior. Many violations of the law are criminal acts and at the same time violations of morality.

However, not all violations are unethical. Similarly, there are some ethical violations that do not constitute illegal acts. Second, an illegal act is not the same as an act that is legally invalid.

Of course, the illegal act cannot occur and the effective result that the perpetrator hoped for at the time of committing the illegal act and affirmed by the law. However, it cannot be considered that all legally invalid acts are illegal. Some legally invalid acts, although they have no legal effect, do not constitute a violation of the law.

Article 1 of the Company Law of the People's Republic of China This Law is formulated in order to regulate the organization and behavior of the company, protect the legitimate rights and interests of the company, shareholders and creditors, maintain social and economic order, and promote the development of the socialist market economy.

1. If the company requires the employee to do something beyond the scope of work, the employee can refuse at this time.

2. If the contract is terminated by the company due to refusal, then the company is illegal and needs to bear the consequences of compensation.

3. WeChat has a high degree of correspondence with individuals, a high degree of relevance to personal life, and a color of personal privacy, if the company must be compulsory, and to enforce inspection, or even punishment, then there is a suspicion of infringing on the personality rights of employees (especially privacy).

Unreasonable, the employee has the right to refuse. If the company dares to deduct the employee's salary on the grounds that the employee is required to post on Moments but the employee does not send it, then the employee can report to the relevant department or apply for labor arbitration.

Article 4 of the Labor Contract Law of the People's Republic of China states that "an employer shall establish and improve labor rules and regulations in accordance with the law to ensure that employees enjoy labor rights and fulfill labor obligations." When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, Qi Huashen shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees think it is inappropriate, they have the right to submit it to the employer, and they will revise and improve it through consultation. The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee. ”

Recently, I saw a similar report on the news, saying that it was an employeeZhao went to the company to ask for salary, but not only did he not get the money, but he was also told that he owed the company 3,280 yuan。For this incident, employee Zhao was very angry and asked the company to give an explanation. And the reason given by the relevant person in charge of the company isThe number of people added by Zhao's WeChat, the dynamics of the circle of friends and the group dynamics do not meet the standards, and 3,280 yuan needs to be deducted in accordance with the relevant regulations.

It turned out that this company required the operation staff to send 50 times a month to the circle of friends (not allowed to block the circle of friends), and deduct 50 yuan less once; A minimum of 10 friends should be added every day, and 10 yuan will be deducted if one is missing; The work group cannot be updated less than 10 times a day, and 10 yuan will be deducted if there is less one. There are some of these kinds, so I won't talk about them one by one, because I really feel a little "heartbroken".

For such a company, such rules and regulations are really speechless and even disgusting. their approachIt is clear that it is to exploit employees, and it adheres to an ugly psychology of "wanting the horse to run and not being willing to give the horse grass".。I don't think such a company will go far after all, because no one wants to work in such an environment for a long time, let alone "work hard" for it.

The principle of the company's regulations should be based on the premise of not harming the interests of employees, followed by how the company can better profit and develop. If you ignore the interests of employees and think about "making black money", then you will only end up hurting yourself.

It's not reasonable, it's reasonable. Of course, there is a premise - the company assigns a mobile phone number to each employee, and everyone uses the company's ***, not private, so that the circle of friends is casual, and there is a very round Lu Huiduo company requires employees to send a circle of friends and includes this in the performance appraisal, if it is only for the sake of assessment, this actually does not make any sense.

As a salesperson, it is very important to manage a good circle of friends, and our employees are equipped with mobile phone numbers and mobile phones, and they use the company's WeChat, so as not to affect the private WeChat. Moreover, the company's WeChat is full of customers, and often posting about the company's circle of friends is undoubtedly a means of publicity, which is reasonable.

That unreasonable situation is that if as a clerk, there is no need to force the circle of friends, and this has no practical meaning.

The content of the circle of friends should be enriched every day, it looks more professional, the circle of friends fishes for three days and the net is dried for two days, and it is not a day for a day, so it can't be done, which store do you see him open for a day and close the door for a day? It looks like it's going to go out of business. If you do all kinds of messy things every day, occasionally come to a piece of product information, look at the micro-business to do unprofessional, not a decent micro-business, want to buy products will not buy with you, to do ** will not find you to be the boss, you yourself are three days of fishing and two days of drying nets.

For example, if we want to buy a pair of shoes, there is a store full of shoes, and there is a store that sells pork, and we put a pair of shoes next to it, which store do you go to buy shoes? In addition, now the circle of friends is updated very fast,Basically, it will no longer cause people to have a bad feeling of swiping the screen,I recommend sending at least 8-12 pieces of circle of friends every day,Try to appear substantial、Professional,Our circle of friends is sent to latecomers to see,Why do you say that,Anyone who intends to add you to the orange answer,Or there is no interest at the beginning,When you want to join your team later,It's definitely not a circle of friends to join,It must be to read a lot of your circle of friends,Many times of research before joining,If you see your circle of friends, It is particularly professional and substantial, and it is a very reliable micro-business and a professional image store. They will carefully flip through your circle of friends, but there are only 30 pieces of circle of friends for a month, and you can't find the information she wants to know in your circle of friends, so it is not easy to stimulate his desire.

We want to show the problems that customers are worried about in the circle of friends, for example, customers are worried about product safety, you have to show our pure plant formula in the circle of friends, show our 10 million insurance, and show us as the only certified product in China!

Illegal. The employer may reward the employee for complying with the regulations for behaviors outside the scope of monitoring and labor management in the labor process, but it is appropriate to impose prohibitive provisions and punish employees who violate these regulations.

The company requires employees to advertise in the company of Moments, which is suspected of abusing the authority of labor management and imposing additional restrictions on the freedom of employees.

Legal basis:Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and creditworthiness in the conclusion of a labor contract.

Is it reasonable for companies to mandate employees to post moments?

Many companies will ask employees to change their avatars or post on Moments before the New Year, the original intention is to publicize, but it is not legal. Many people dare not speak out.

The reasons for the unreasonableness mainly lie in the following aspects:

1 .The circle of friends belongs to individuals

If the company compels to post a circle of friends, it is also morally unethical, and the individual is the privacy of the individual, so it should not become an enterprise, and the worker has the right to protect his rights and interests.

2 .It is illegal to force employees to post on Moments

Compulsory posting on Moments does not belong to the content of the signed labor contract, and it belongs to the labor content of private addition, so it is not legal.

Contract Law of the People's Republic of China Article 35 The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended text of the labor contract shall be held by the employer and the employee.

Therefore, if the company forces employees to post on Moments, they can report it to the labor department.

3 .will accidentally click on the placement of illegal ads

The company requires to send a circle of friends, if the circle of friends is posted, WeChat is hacked, so that all the circle of friends are implanted with illegal advertising, if accidentally pressed may lose the property of the other party, and then hurt the personal interests of friends in the circle of friends.

Not only is it unreasonable, but it may also be illegal, as it may affect the normal life of employees.

It is illegal for the company to force employees to do things outside of their job duties, and employees can refuse. If the employee's life is seriously affected, he or she can apply for labor arbitration.

Legal basis: Article 32 of the Labor Law of the People's Republic of China An employee may terminate the labor contract at any time by notifying the employer under any of the following circumstances:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

WeChat, QQ, Weibo, Douyin, etc., as long as it is the employee's own, it is the employee's own assets.

However, in today's society, under the pressure of great competition, the company forces employees to send moments and promotional information has become a kind of common cave. There are even some company employees who do not advertise and have to deduct money and fine, which in itself has violated the privacy of employees!

It's certainly unreasonable for a company to ask employees to post on Moments, but if you still want to stay in this company, then you have to put up with this judgment because you need this job.

Moments is a private social tool for employees, and the company has no right to require employees to post moments. If the company compels employees to send a circle of friends, it is actually an infringement of the personal rights and interests of employees, and employees can refuse.

But unreasonable is true, but sometimes you can't refuse this kind of unreasonable demand, you work in this company pure, you can't completely follow your own heart, and sometimes you have to put up with some unreasonable demands of the company, because you need this job very much. If you don't want to resign, you can only do what the company asks, as long as this unreasonableness is within your acceptability, I think you can still barely tolerate it. However, some companies will be very excessively required that employees must send a circle of friends, and how many people must like or **, and will also use this as a performance appraisal indicator, which is too unreasonable.

I think that as long as I don't ask employees to do this task as a performance appraisal standard, I can tolerate this unreasonableness when I still want to continue to do this job.

Whether the company requires employees to advertise in the circle of friends is in line with the law, we should consider it from two aspects. First of all, look at the agreement of the contract, if there is an agreement in the contract that the employee needs to carry out some publicity for the company in the circle of friends, then it is legal to require the employee to advertise in the circle of friends. On the other hand, if there is no such provision in the contract, then it is illegal for the company to laugh at the lead and beg the employee to make a bad hail in the circle of friends.

1. The company requires employees to advertise in the circle of friends.

More and more people are starting to use WeChat, and everyone should have hundreds of WeChat friends, so the circle of friends has become a better publicity medium. Therefore, for the sake of their own publicity, some companies hope that employees can advertise the company in the circle of friends, so that more people can understand the company's products or services. However, the circle of friends is a relatively private thing for some people, so some people are reluctant to use their circle of friends to advertise for the company.

Second, see if there is a contract.

Whether the company can require employees to advertise in the circle of friends depends on the agreement between the company and the employee. For example, some real estate companies, the company will choose to apply for new products for employees, in order to expand their own influence, so that employees can promote their products more, there will also be a certain amount of pay. In this case, the company can ask the employee to promote the company in the circle of friends.

3. The company should not force employees to post on Moments.

However, we do not rule out that there are some companies that require employees to advertise for the company in their private circle of friends, which is of course illegal. Because WeChat is our personal and our circle of friends is also ours, the company should respect the privacy of individual employees. In fact, if a company is doing really well, employees don't mind advertising for the company, and they are afraid that some companies will do not do well and force employees to do that, which will naturally cause employees to resent.