Coercive Marketing

THE LIMITS OF THE EMPLOYER'S DIRECTIVE POWER IN SOCIAL MEDIA ADVERTISING ACTIVITIES BY EMPLOYEES

Abstract

This article analyzes the limits of the employer’s directive power in light of the increasing requirement for employees to participate in marketing and advertising activities on corporate social media platforms. The study addresses the issue of whether so-called coercive marketing may constitute a misuse or accumulation of functions, as well as whether it may give rise to the employee’s right to additional financial compensation. The objective is to investigate the extent to which the employer may demand the use of the employee’s image, digital identity, and working time for advertising purposes without violating fundamental labor rights, particularly the rights to image, privacy, and disconnection. The methodology adopted consists of qualitative and descriptive bibliographic research, based on the hypothetical-deductive and inductive legal methods, with analysis of labor legislation, specialized legal doctrine, and case law from Brazilian labor courts. The findings indicate that, despite the absence of specific regulation in Brazilian law, the imposition of digital marketing activities not provided for in the employment contract may constitute an abuse of managerial power, potentially characterizing misuse or accumulation of functions and giving rise to compensation. The study concludes that there is a pressing need for specific regulation establishing objective criteria for the use of employees’ images, remuneration parameters, and effective safeguards against coercive practices in the digital work environment.