Does your boss have the right to influence your behavior on social networks?

Is it legal to request to create or delete an account

According to political scientist, head of the Center for the Resolution of Social Conflicts Oleg Ivanov, the obligation to create accounts on social networks can be spelled out in the employment contract or in the job description of the employee. Then this is part of the employee's professional activity, and he is obliged to maintain such a page as part of his job duties.

Oleg Ivanov political scientist, head of the Center for Settlement of Social Conflicts

But if the employer, for only one known reason, requires the employee to close the account on social networks or makes any comments about the maintenance of his page, then, from a formal point of view, this is an invasion of the employee's personal space.

At the same time, Oleg Ivanov notes that representatives of public, socially significant professions (teachers, civil servants, law enforcement officers, doctors, priests, and so on) should be more careful when posting content on social networks. Their messages are much more likely to be in the public eye and backfire.

Konstantin Bobrov, director of the legal service at the United Center for Defense, adds that social media platforms can be roughly divided into professional and non-professional. The former are used only within the company for interaction between employees. Accordingly, the employer may require you to create an account on such a network.

Konstantin Bobrov Director of the Legal Service "United Center for Defense"

As for non-professional networks (for example, VKontakte, Facebook), they were originally created for free communication, and not for performing work duties. If the employer requests to create an account in such a network, then this can be challenged through the courts, the state labor inspectorate and the prosecutor's office.

Can they get fired for social media content?

According to Oleg Ivanov, there are only two legal grounds for dismissal for posts in social networks:

If an employee publishes information that is protected by law (state, commercial, official or other secret) and became known during work.
If an employee performing educational functions places something immoral, incompatible with further activities in this position.

Employees of kindergartens, schools, secondary and higher educational institutions, institutions of additional education for children and adults and so on can lose their jobs for "immorality". At the same time, the law does not regulate what exactly is considered an immoral act. Sometimes it's enough to post a photo in a closed swimsuit.

Other cases of dismissal of employees related to their activity in social networks can be appealed in court.

Oleg Ivanov political scientist, head of the Center for Settlement of Social Conflicts

What to do if you want to be fired or fined

If you have not violated the terms of the employment contract and are far from teaching, it is illegal to try to fire you or apply disciplinary action.

According to Elena Derzhieva, a leading lawyer of the European Legal Service, the Labor Code of the Russian Federation explicitly prohibits any discrimination, including for belonging to any organization or group - not only upon dismissal, but also upon employment. Dismissal for "opinion" is also contrary to the Labor Code.

Elena Derzhieva leading lawyer, European Legal Service

Sometimes employers abuse their position and believe that the company can only have a single social and political position. It is important to know your rights here: they have no right to dismiss for "opinion".

The employer can only focus on the inappropriateness of the position. But then he will have to prove that you have insufficient qualifications. In practice, this is quite difficult to do. Therefore, there is only one recommendation here, and it is very simple: if you are faced with injustice, go to court.

Konstantin Bobrov, director of the legal service of the United Center for Defense, notes that an unlawfully dismissed employee may demand to reinstate him at work, pay compensation for lost earnings for the period between dismissal and reinstatement at work, and also claim compensation for moral damage.