whether the requirements of law or to have to delete my account
According to the analyst, the head of Social Conflict Resolution Center, Oleg Ivanov, duty create accounts in social networks can be spelled out in the employment contract or job description employee. Then this part of the professional activity of a worker, and he is obliged to keep this page as part of their job duties.
But if the employer is in effect only one known to him the reasons requires the worker to close the account in social networks, or making any comments to the conduct of its pages, then, from a formal point of view, it is an invasion of personal space employee.
Oleg Ivanov, a political scientist, head of the Center for settlement of social conflicts
At the same time Oleg Ivanov noted that the representatives of the public, socially important professions (teachers, civil servants, police officers, doctors, priests and so on) should be cautious when placing content on social networks. Their messages are much more likely to be at the center of public attention and cause unpleasant consequences.
Director of the Legal Service "United's defenders" Konstantin Bobrov adds that social media platforms can be divided into professional and non-professional. The former are used only internally for interaction between employees. Accordingly, the employer may require to have an account in the network.
As for non-professional networks (eg "In contact with», Facebook), they were originally designed to communicate freely and not to perform the job duties. If the employer requires to have account in such a network, it can be challenged through the courts, the State Labor Inspectorate and the Prosecutor's Office.
Konstantin Bobrov, director of the legal service of "One Center for Protection"
Can dismiss for the content of social networks
According to Oleg Ivanov, the legal grounds for dismissal for posts in social networks are only two:
- If an employee publishes the information which is protected by law (state, commercial, official or other secret) and became known at work.
- If an employee performing educational functions, puts something immoral, inconsistent with the future activities of the gap.
For "amoralku" losing jobs mayArticle 81 of the LC RF. Termination of an employment contract by the employer employees of kindergartens, schools, secondary and higher education institutions, establishments of additional education of children and adults and so on. The law does not regulate what is considered immoral act. Sometimes it is enough to put photos in SwimsuitHistory teacher in Omsk fired because the published photos on the internet in a swimsuit.
Oleg Ivanov, a political scientist, head of the Center for settlement of social conflictsOther cases of dismissal of workers associated with their activity on social networks, can be appealed in court.
What if you want to dismiss or penalize
If you have not violated the terms of the employment contract and are far from the pedagogical activity, attempts fire you or apply a disciplinary sanction illegal.
According to a senior lawyer of European Law Offices of Elena Derzhievoy, the Labor Code prohibits any discrimination, including for belonging to an organization or group - and not only for the dismissal but also in hiring. The dismissal of the "opinion" also contradicts the Labor Code.
Sometimes employers are abusing their position and believe that the company can only be a single social and political position. It is important to know your rights: fired for "opinion" are not eligible.
Elena Derzhieva, a leading lawyer of the European Law Service
The employer can focus only on the non-compliance position. But then he would have to prove that you have insufficient qualifications. In practice, it is quite difficult to do. Therefore, the recommendation here is one, and it is very simple: if you are faced with injustice, go to court.
Director of the Legal Service "United's defenders" Konstantin Bobrov noted that the illegally dismissed employee may need to restore it to work, pay compensation of lost earnings for the period between the dismissal and reinstatement, as well as to claim compensation for moral harm.
see also🧐
- How to get the most from dismissal
- How to avoid a fool of himself on the Internet
- 7 signs that social networks harmful to your mental health