PM [1]
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#1
A Chinese man who was fired for taking a quick nap after working late has sued his former employer and been awarded 350,000 yuan (Rs 41.6 lakh) in compensation. Mr Zhang had served as a department manager at a chemical company in Taixing, Jiangsu province, for more than 20 years. His dismissal came earlier this year after surveillance footage showed him napping at his desk, following a work-related drive that extended until midnight the night before, SCMP reported.
Two weeks after the incident, the company's human resources (HR) department issued a report, saying that Mr Zhang had been “caught sleeping at work due to exhaustion,” a document Mr Zhang signed. In an online conversation, an HR staff member asked, “How long did you nap that day?” Mr Zhang responded, “About an hour or so.”
After consulting with the labour union, the company issued a formal dismissal notice, claiming Mr Zhang's behaviour was a violation of the company's strict zero-tolerance discipline policy.
"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," the notice read.
Mr Zhang believed his dismissal was unjust and decided to take legal action against the company. In its evaluation, the court acknowledged that while employers have the right to terminate contracts for regulatory violations, such actions must meet certain conditions, such as causing significant loss to the company.
"Sleeping on the job was a first-time offence and did not result in serious harm to the company," explained Judge Ju Qi from the Taixing People's Court. Considering Mr Zhang's two decades of outstanding service, promotions, and salary increases, the court determined that firing him over a single infraction was excessive and unreasonable.
The court ultimately ruled in favour of Mr Zhang, ordering the company to pay him Rs 41.6 lakh in compensation.