A Chinese man who was fired for taking a fast 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 division supervisor at a chemical firm in Taixing, Jiangsu province, for greater than 20 years. His dismissal got here earlier this yr after surveillance footage confirmed him napping at his desk, following a work-related drive that prolonged till midnight the evening earlier than, SCMP reported.
Two weeks after the incident, the corporate’s human assets (HR) division issued a report, saying that Mr Zhang had been “caught sleeping at work because of exhaustion,” a doc Mr Zhang signed. In a web-based dialog, an HR workers member requested, “How lengthy did you nap that day?” Mr Zhang responded, “About an hour or so.”
After consulting with the labour union, the corporate issued a proper dismissal discover, claiming Mr Zhang’s behaviour was a violation of the corporate’s strict zero-tolerance self-discipline coverage.
“Comrade Zhang, you joined the corporate in 2004 and signed an open-ended employment contract. However, your behaviour of sleeping on the job is a critical breach of the corporate’s zero-tolerance self-discipline coverage. Consequently, with the union’s approval, the corporate has determined to terminate your employment, ending all labour relations between you and the corporate,” the discover learn.
Mr Zhang believed his dismissal was unjust and determined to take authorized motion in opposition to the corporate. In its analysis, the court docket acknowledged that whereas employers have the proper to terminate contracts for regulatory violations, such actions should meet sure circumstances, reminiscent of inflicting vital loss to the corporate.
“Sleeping on the job was a first-time offence and didn’t lead to critical hurt to the corporate,” defined Judge Ju Qi from the Taixing People’s Court. Considering Mr Zhang’s 20 years of excellent service, promotions, and wage will increase, the court docket decided that firing him over a single infraction was extreme and unreasonable.
The court docket finally dominated in favour of Mr Zhang, ordering the corporate to pay him Rs 41.6 lakh in compensation.