A court in China’s Jiangsu area has ordered a chemical company in Taixing to pay 350,000 yuan (around Rs 41 lakh) in compensation to a former department manager who was terminated for sleeping on the job. The employee, Zhang, had been with the company for over 20 years before he was fired earlier this year.
Zhang's dismissal followed an incident where he was caught on workplace surveillance, which showed him napping for about an hour during his working hours. According to the South China Morning Post (SCMP) report, Zhang signed a report from the company's HR department acknowledging that he had been "caught sleeping at work due to exhaustion."
Additionally, a leaked message from a WeChat group revealed that Zhang had admitted to HR staff that he had "slept at work for an hour or so" during that particular incident.
The company issued a formal dismissal notice, citing a significant violation of its strict zero-tolerance disciplinary policy. While acknowledging Zhang's long tenure, the notice defended his termination as necessary. The notice states, “Comrade Zhang, you joined the company in 2004 and signed an open-ended employment contract. However, your behaviour of sleeping on the job is a serious breach of the company’s zero-tolerance discipline policy. Consequently, with the union’s approval, the company has decided to terminate your employment, ending all labour relations between you and the company.”
Dissatisfied with the justification for his dismissal, Zhang challenged the decision in the Taixing People’s Court. The court examined the case, considering the company’s disciplinary policies, Zhang’s long employment history, and the impact of his actions.
Judge Ju Qi remarked that while companies have the legal right to establish rules and terminate employees for policy violations, such actions must meet specific criteria. The court noted that sleeping on the job was a first-time offence and did not cause significant harm to the company.
The court also considered Zhang's long tenure, multiple promotions, consistent salary increases, and positive performance record. Judge Ju concluded that terminating him was disproportionate to the offence.
In its ruling, the court found Zhang's dismissal unjustified and unreasonable and ordered the company to compensate him with 350,000 yuan. The judgment emphasised the importance of proportionality in disciplinary actions, particularly for employees with a strong service record.
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