- An engineer in Jiangsu was dismissed for repeated long bathroom breaks despite medical claims
- He took 14 breaks between April and May 2024, one lasting up to four hours
- The company used surveillance footage to justify termination under contract rules
An engineer in eastern China was dismissed after repeatedly taking extended bathroom breaks, some lasting over an hour, despite claiming he was dealing with haemorrhoids. His employer terminated his contract citing excessive work disruption. Identified by his surname Li, the man from Jiangsu province reportedly took 14 such breaks between April and May 2024, one of which lasted as long as four hours, South China Morning Post reported.
The case gained attention after Li filed a lawsuit accusing the company of wrongful dismissal. The Shanghai Federation of Trade Unions recently shared details of the dispute, which has sparked debate about workplace rights and medical accommodations.
Li presented evidence in his defence, including haemorrhoid medication purchased by his partner in May and June last year, along with hospital records showing he underwent surgery in January. He later filed a lawsuit against the company, seeking 320,000 yuan (US$45,000) in compensation for what he claimed was an unlawful dismissal.
In response, the company submitted surveillance footage showing Li's repeated and lengthy bathroom breaks as part of their justification for the termination.
Li was let go after the company reviewed the surveillance footage. He had joined the company in 2010 and renewed his contract in 2014. The contract stated that unapproved absences totalling three working days within 180 days would lead to termination - and that's what happened.
The company also sought approval from the labour union before proceeding with Li's dismissal.
Following two rounds of trial, the court stepped in to mediate and reached a settlement between both parties. Taking into account Li's past contributions and the challenges he faced after losing his job, the company agreed to pay him a compensation of 30,000 yuan (US$4,200).
Bathroom Breaks
This isn't the first time bathroom breaks have sparked controversy in Chinese workplaces.
In 2023, another man from Jiangsu was dismissed for taking excessively long toilet breaks, with one lasting up to six hours in a single day. The court sided with the employer, citing reasons similar to those in Li's case.
Back in 2016, a driver lost his job after stepping away for a six-minute bathroom break during which he missed five calls from a customer and failed to complete the order. The company not only terminated his contract but also demanded compensation. The court held the driver partially responsible for the loss and ordered him to pay 2,000 yuan (US$280) in compensation.
According to China's Labour Law, employees have a right to sanitation protection, but courts frequently balance this against a company's right to maintain productivity and discipline.
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