A former employee of a furniture store in the state of Minas Gerais received a compensation of 12,000 reais after he was forced to record videos for the social network TikTok promoting the company. The decision was made last Saturday by Judge Fabricio Lima Silva of the Labor Court Teofilo Othoni (MG).

A woman who no longer worked for the company and was pregnant at the time filed a lawsuit for compensation for the misuse of her image. She claimed that the store owner created a social media profile to post it, but the posted videos put her in an uncomfortable position.

“Broadcasting videos on social networks with pre-scripted scripts, both with sexual overtones and using ambiguous expressions, goes beyond the neutral zone of the right to the image, which may include banal situations of an employment contract, devaluing the image-attribute of the worker,” — emphasizes the decision of Judge Fabrizio Lima Silva.

The video will be recorded for the personal profile of the business owner

According to the ruling, the former employee alleged that her image was improperly posted by the defendant on her TikTok social media account, in videos posted on a profile created by the store owner. However, according to the verdict, the posted images had attractive content, caused laughter and put her in embarrassing situations.

The company claimed that the former employee gave verbal consent to create content for the platform without providing evidence. The judge, however, understood that, even if consent were real, it could not be freely given because of the inequality of power between employer and employee.

“The applicant, in her personal statement, said that she felt uncomfortable making the video, that it was embarrassing, that it was a laughing stock, especially in relation to the video she made during her pregnancy,” one of the excerpts notes. from the judge’s statement.

The defense argued that the content would be created for the owner’s profile and not for the store’s official account, therefore without commercial intent. The decision, however, emphasized that “the testimony presented by the defendant (the store) himself contradicts the defense thesis that the videos had no commercial purpose, since both witnesses stated that they were related to its marketing strategy.

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Via: Oh Globo

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