A Study On The Dismissal Of Laborers For "Improper Speech" On Social Media

The existence of social media facilitates workers' views on life and work.Due to the lack of uniform supervision measures for laborers in social media,some laborers are dismissed by employers because their speech violate the employer's regulations or professional ethics.The author selected 28 cases of laborers who were dismissed because of their "inappropriate comments" on social media,listed different trial results for each case,and use "social media" as a variable to analyze its effects to the dismissal of laborers.In analyzing the boundaries of laborers' freedom of speech,the obligation of laborers to be faithful to their employers is an unavoidable topic.The author also expounded the relevant concepts and the legal provisions of China,tried to put forward the criteria for dividing the boundaries between the two."The stone of other mountains can attack jade",the author analyze the cases that the laborers are dismissed in three countries in the Anglo-American legal system and the civil law system.Finally,based on the experience of other countries in the comparative law,the author put forward some glimpses,such as make clear the standard that the laborer is fired for "improper speech",make more detailed provisions on the circumstances in which employees are dismissed,consider the adaptability of laborers' tort to dismissal,and multiple divisions of employees'"inappropriate remarks".