Sleeping at work brought a man $48 thousand (3 photos)
The company that hired the man reminded him of its zero tolerance for violations of work discipline in the notice of dismissal. However, the court ruled that this was the only violation of the hard-working employee in 20 years and the dismissal was "excessive and unreasonable".
A Chinese man named Zhang was fired by the management of a chemical company in Taixing, southeastern Jiangsu Province, where he had worked for 20 years as a manager, after CCTV cameras captured him sleeping at his desk following a company trip that lasted until midnight the night before. However, the man ultimately won back his employers in compensation of 350,000 yuan ($48,000).
Two weeks after Zhang was spotted sleeping, the company's HR department released a report stating that the manager had been "caught sleeping at work due to overwork," a document that Zhang signed.
According to a WeChat recording circulated online, an HR employee asked, "Manager Zhang, how long did you sleep that day?" to which he replied, "About an hour or so."
After consulting with the union, the company subsequently issued Zhang a formal notice of termination, citing serious violations of company rules.
"Comrade Zhang, you joined the company in 2004 and signed a permanent employment contract. However, your behavior of sleeping on the job seriously violated the company's zero-tolerance discipline policy. Therefore, with the approval of the union, the company has decided to terminate your employment relationship with the company," the notice read.
This wording of the reason for termination greatly angered the man, and he went to court to challenge the company's decision.
After reviewing the lawsuit, the judge found that while employers have the right to terminate contracts for violating rules, such terminations must meet certain conditions, including causing significant damage.
According to People's Court Judge Taixing Ju Qi, sleeping on the job was Zhang's first violation in two decades and did not cause serious harm to the company. Zhang's outstanding work performance, supported by a salary increase, also influenced the verdict. In the end, the court found his dismissal "excessive and unreasonable," and the company was ordered to pay the dismissed employee substantial compensation.