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Writer's pictureAmit Mathur

What are the Legal Rights of Employees for Rest and Breaks in the Workplace?

Along-serving employee in China was awarded a hefty 350,00 yuan (approximately Rs 4 crore) after being fired for taking a nap at his office desk, South China Morning Post (SCMP) said. 

The man, identified only as Zhang, had dedicated 20 years of service to a chemical company in Taixing, Jiangsu province, as per the report. 

"How can cultural differences impact workplace behavior and legal outcomes?"

Earlier this year, Zhang was caught on surveillance cameras having a nap at his desk for about an hour after working until midnight the previous day. 

Two weeks later, the company's Human Resources (HR) department issued a report citing Zhang's exhaustion as the cause of the nap – a document he signed. However, following consultations with labour union, the company dismissed Zhang, claiming his actions violated their "zero-tolerance policy." 

According to SCMP, the dismissal note said: "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." 


Unwilling to accept what he viewed as unjust treatment, Zhang took the matter to court. 

In its ruling, the Taixing People's Court found the dismissal excessive. According to SCMP, Judge Ju Qi stated that while companies have the right to enforce rules, terminations must meet specific conditions, such as causing major losses to the employer. 

"Sleeping on the job was a first-time offence and did not result in serious harm to the company," the judge said. Zhang's impeccable two-decade track record, which included promotions and consistent performance, further strengthened his case. 

The court concluded that terminating Zhang for a single "infraction" was "unreasonable" and ordered the company to pay him compensation.

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