Are these regulations formulated by the company reasonable

2023-10-09

Not long ago, Ms. Sun encountered a frustrating situation: the company requested her to change her personal social account profile to a company promotional poster, and to forward at least 5 company promotional advertisements every day. This makes Ms. Sun feel unacceptable. In recent years, some companies have formulated some unreasonable regulations regarding employees' personal lives, or regarded their personal information as company property, which has infringed on their legitimate rights and interests. Mr. Zhang, a reader from Shenyang, Liaoning, reported that recently, the company has used a mobile intelligent attendance system that can track employees' movements through mobile phone positioning. "Company employees are forced to download this software. No matter when the software is online after work, the company can always know where they are." In addition, some companies use reasons such as "team building" and "urging employees to learn healthily", Interference with employees' personal lives. According to media reports, Ms. Liu from Chongqing was dismissed by the company for "not obeying work arrangements" due to her refusal to socialize after work. Ms. Liu believes that her main job responsibilities during the probationary period were to handle administrative and personnel affairs, which included daily reception but did not include post work socializing. The company stated that during the probationary period, both the company and the employees have the right to inspect and choose from each other, and dismissing probationary personnel is the legitimate right of the company. Currently, Ms. Liu has applied for labor arbitration locally. I didn't complete the company's step count task last month and was fined over 100 yuan, "said Ms. Wang in Guangzhou, Guangdong. The function of recording personal exercise steps on mobile apps has become a" hard indicator "for the company's assessment. In order to encourage employees to exercise more, the company requires employees to be assessed based on their number of steps per month and has also established a reward and punishment system. If employees fail to meet the standards, they will be punished according to the standard of 'one less step deducted one penny'. Ms. Wang said that although most employees have objections to this regulation, the company insists on implementing it, and employees can only accept it, Our industry often has to work overtime at night, sometimes even after 9 o'clock when we come home from work, and we have to stroll outside until the steps meet the standards, which is an additional burden. Does the company's practice of setting rules for employees' personal lives constitute a violation of their rights and interests? Regarding this, Yao Jun, an associate professor at the School of Law at Fudan University, believes that in accordance with relevant laws and regulations, workers should complete the labor tasks specified by the company in accordance with the labor contract and accept corresponding management. In addition, the company has no right to make requirements for personal matters other than the employee's work. In labor relations, workers have complete decision-making power over whether the company can use their personal information, "Yao Jun said. Account avatars, sports data, and other personal information belong to employees, and the "inform agree" principle is the core rule for personal information protection. The Personal Information Protection Law implemented in 2021 clearly requires that the processing of personal information should obtain personal consent with sufficient prior notice. If important matters related to personal information processing change, the individual should also be informed again and obtain consent. However, in practical work, workers are often in a disadvantaged position and have unreasonable requirements and regulations for the company, which cannot effectively protect their legitimate rights and interests

Edit:Wang Chen    Responsible editor:Jia Jia

Source:People.cn

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