immediate comment | is it illegal to post a job recruitment notice on a store door?
2024-09-19
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video screenshots
recently, a video went viral online. a woman cried and complained that she had pasted an a4 paper on the glass door of her shop (a shop selling postpartum meals was looking for odd jobs), "a department called me and asked me to take my id card to them to accept punishment; if i didn't go, my mobile phone number would be blocked." at first, the urban management department of ulanhot city, xing'an league, inner mongolia responded to the media and said: "there will be a fine," and pasting a4 paper advertisements on the glass of your own home is not allowed.
on september 18, the local urban management department responded again and said: "our staff notified her to come for processing, and she thought she had to pay a fine, so she posted a video online." in the end, no punishment was imposed, but she was only verbally educated to take down the promotional materials.
is it illegal to post an a4-printed recruitment notice on the glass of your own store? in fact, similar operations are very common in life. if you post a notice such as "recruiting waiters", "rooms for rent", or "closed for three days" on your own doors and windows, does that mean you are breaking the law?
the basis for law enforcement by local urban management is the "regulations on urban appearance and environmental sanitation management" issued by the state council, article 17 of which stipulates: "units and individuals who hang or post promotional materials on urban buildings and facilities must obtain approval from the city people's government's urban appearance and environmental sanitation administrative department or other relevant departments." it is worth mentioning that this administrative regulation was issued in 1992, and later some wording was modified in the centralized revision of relevant regulations, but it still generally reflects the urban environment and management model of 32 years ago.
32 years ago, the private economy and real estate business were still in their infancy, and "urban buildings" should refer to public buildings in cities. it was hard to foresee the current massive number of self-owned and self-operated shops. in their daily operations, these shops need to post recruitment and rental notices. should they all be handled in accordance with the "advertising law": first review the content, then approve the release?
don't underestimate the small recruitment notices. behind them is the vitality of the community and the vitality of terminal business. the small store economy itself is an important reservoir of employment. a simple recruitment notice may affect the livelihoods of several workers; a rental phone number left on a glass window may affect the rise and fall of a store. recruitment notices printed on a4 paper like the one in the news are not beautiful, but they are the information transmission nerves of the community economy. should they be treated as "illegal" (even if it is just verbal education and no fine)?
in fact, some courts have already made judicial corrections to such administrative penalties. in 2021, the guangdong provincial high people's court made public an administrative litigation case in which a job advertisement posted in a street-side store was deemed illegal. the guangdong high court made it clear in its judgment that job advertisements posted in street-side stores in commercial areas are not illegal advertisements, and the urban management department failed to properly review and distinguish and imposed penalties, which lacked necessity and appropriateness.
law enforcement should not be rigid, especially when the application scenarios of the regulations 32 years ago are far different from the current reality, and it is even more inappropriate to "leniently interpret" or "increase enforcement". from the perspective of law enforcement standards, the characterization of posting notices in one's own store should be based on whether it has reached the level of damaging the city appearance, rather than a one-size-fits-all view that the lack of "approval" is "illegal". this will make "illegality" a common phenomenon and affect the seriousness of the rule of law.
on the one hand, there is the city appearance, and on the other hand, there is the rigid demand of ordinary people and small owners to recruit workers and rent out their properties. both cannot be neglected. in particular, law enforcement departments cannot only focus on their own administrative goals and ignore the needs of the people. a monotonous and lifeless city is definitely not the beauty of a city. on the contrary, a city should be big enough to accommodate an a4 recruitment notice.
shen bin, editor-in-chief of the paper
(this article is from the paper. for more original information, please download the "the paper" app)
