Employee drags China company to court after getting fired for napping at desk, wins Rs 41 lakh

Unconvinced by the dismissal’s justification, Zhang challenged the decision in the Taixing People’s Court.

A court in Jiangsu province, China, has ordered a chemical company in Taixing to pay 350,000 yuan (approximately Rs 41 lakh) in compensation to a former department manager dismissed for sleeping on the job. The employee, identified only as Zhang, had worked at the firm for over 20 years before his termination earlier this year.

Zhang’s dismissal followed an incident captured on workplace surveillance, showing him napping for an hour. According to the South China Morning Post (SCMP), Zhang signed a report from the company's HR department acknowledging that he had been “caught sleeping at work due to exhaustion.” 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” on that occasion.

The company issued a formal dismissal notice, citing a major breach of its strict zero-tolerance disciplinary policy. The notice acknowledged Zhang’s long tenure but justified his firing as a necessary action.

It stated: “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.”

Unconvinced by the dismissal’s justification, Zhang challenged the decision in the Taixing People’s Court. The court reviewed the case, assessing the company’s disciplinary standards, Zhang’s employment history, and the impact of his actions.

Presiding Judge Ju Qi observed that while companies have the legal right to establish rules and terminate employees for policy violations, such actions must meet certain conditions. Specifically, the court noted that: “Sleeping on the job was a first-time offence and did not result in serious harm to the company.”

The court also highlighted Zhang’s long service, multiple promotions, consistent salary increments, and positive performance record. Judge Ju determined that the punishment of termination was disproportionate to the offence.

The court ruled that Zhang’s dismissal was unjustified and unreasonable, ordering the company to compensate him with 350,000 yuan. The judgement emphasised the need for proportionality in disciplinary actions, particularly when employees have demonstrated a strong record of service.