A North American retailer introduced a policy this season that requires its employees to smile and greet people with calculated greetings, with the aim of increasing sales. The measure has generated debate about the limits between commercial technique and emotional imposition in the workplace.
The program and how it works
According to the website specializing in marketing and lifestyle, Marketeer, specialized in marketing and retail, the initiative is called the 10–4 program. According to the policy, employees must smile and make eye contact when a customer approaches within three meters. As the distance decreases to approximately four feet, move on to a verbal greeting or question. The idea is to create a more welcoming and engaging environment, especially at a time when traffic in stores has been decreasing.
Adrienne Costanzo, responsible for the stores, explained that the company is looking for “new ways to strengthen connections with customers during the most important time of the year”. In the second quarter of 2025, digital sales grew by more than 4%, while in-store sales fell by 3.2%, according to Marketeer. This difference motivated the focus on closer and warmer interactions with customers.
The legal issue in Portugal
In Portugal, employers have a duty to guarantee safe and healthy working conditions, including the prevention of psychosocial risks. Bullying, defined as behavior that creates an intimidating, hostile, degrading or humiliating environment, is prohibited. Forcing employees to exhibit emotional behaviors contrary to their will, depending on the intensity and frequency, can constitute moral harassment.
Portuguese labor legislation has been reinforcing dignity and working conditions. Companies are required to identify, assess and control risks of stress or other psychosocial factors. Emotional coercion at work is considered a risk to mental health and may be subject to inspection by the Working Conditions Authority.
Between practice and control
In practice, the line between a service recommendation and an imposition is fine. If policy is limited to guiding behavior, there are unlikely to be any legal implications. However, if the company monitors and sanctions employees for not smiling or strictly complying with protocols, the situation may be considered a violation of labor rights.
It emphasizes that the success of this approach depends on the way it is applied. It is essential that employees are able to balance genuine cordiality and compliance with guidelines, without compromising their autonomy or well-being.
The future balance
The initiative has already generated public debate about the ethical and legal limits of sales techniques that use workers’ facial expressions.
For those who perform customer service functions, the recommendation is to pay attention to internal guidelines and, in case of doubt, seek advice or support from the competent authorities. For the company, the challenge will be to reconcile customer experience with respect for the integrity of employees.
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