Driver wins WeChat case against former employer

A driver for a Chongqing hospital has won a legal case against his former employer after he was fired and had his wages deducted because he refused to promote the hospital on his personal WeChat moments.

The Chongqing High People's Court ruled that the hospital should pay the driver the 10,000 yuan ($1,445) in wages that were deducted, as well as about 50,810 yuan in compensation for illegal termination of his labor contract.

The driver, surnamed Chen, started work at the maternity hospital in 2013 as a contract driver. In 2017, the hospital asked its employees to forward its business promotion content in their WeChat moments every day. The employees who failed to meet the requirements would have 200 yuan deducted from their wages each month.

From July 2017 to August 2021, Chen had a total of 10,000 yuan deducted.

On Aug 30, 2021, the hospital sent a notice of termination of contract to Chen, citing that he did not forward business promotion links in his moments, did not abide by the company's regulations and did not complete assigned tasks.

After both parties were dissatisfied with the arbitration, Chen went to court.

The court held that when formulating, revising or deciding on the regulations and major issues related to the workers' vital interests, such as remuneration, hours, rest and vacation, the employer shall discuss the issues at the workers' congress or with all the workers. They should negotiate with the trade union or worker representatives on an equal footing.

In this case, the hospital issued a notice in the name of the general manager's office meeting, requiring workers to promote links in WeChat moments. The general manager's office meeting cannot replace the employee representative meeting, so this notice should not be viewed as rules and regulations developed through a democratic process, the court ruled.

The court also held that what information is published in WeChat moments should be independently decided by users themselves, and their employers should not illegally interfere. It is neither reasonable nor legal for the maternity hospital to require its employees to promote links in their WeChat moments, and to deduct their wages and terminate their labor contracts if they fail to do so.

"As the court held that WeChat moments are a strong personal domain, an employer's request to an employee to post a designated WeChat moment should not normally be considered legal work content, and the employee has the right to refuse the employer's request," said Ding Hanqing, a lawyer with Shanghai Allbright Law Offices Chongqing branch.

Mao Yang, a teacher at a private training center in Chongqing, said that he often sees his friends forward their companies' links in their moments.

Since WeChat plays such an important role in work, many people set up another account just for work, he added.