Home / Crime and Justice / China worker wins firing lawsuit over banquet refusal
China worker wins firing lawsuit over banquet refusal
25 Jan
Summary
- Court ruled dismissal unlawful after worker refused banquet performance.
- Employer cited disobedience, but court separated voluntary from mandatory duties.
- Decision reinforces employee rights against punitive actions for non-essential events.
A Chinese employee has successfully challenged his dismissal after refusing to perform at a company's annual banquet. The court ruled in favor of the worker, declaring the termination unlawful. This landmark decision underscores that voluntary company activities, such as banquets, are not to be treated as mandatory work obligations.
The employer had initially cited the refusal as disobedience and a serious disciplinary violation. However, the court emphasized the distinction between required work duties and optional events. The Shenzhen Trade Union stated that activities without mandatory attendance or penalties for non-participation should be viewed as employee benefits.
This judgment reinforces fundamental employee rights, ensuring individuals are protected from unfair disciplinary actions based on their participation in non-essential company gatherings. It highlights the evolving nature of the Chinese labor market and the need for transparent policies.
