Chinese Employee Wins Legal Battle After Being Fired for Refusing Performance
The case, highlighted by the Shenzhen Trade Union, has drawn attention to the rights of employees in China when it comes to voluntary company activities.
According to the Shenzhen Trade Union, the worker, who was fired, had declined the company leadership’s request to perform at the event, citing a heavy workload, as reported by VnExpress International.
Also read: Is another US-Canada trade war brewing? Trump threatens Canada with 100% tariffs over China ties
Company Claims Disobedience and Absenteeism as Grounds for Dismissal
Then the company head reportedly considered the refusal “disrespectful” and issued a termination notice the following day.
The company defended its decision by claiming that the refusal constituted disobedience of company arrangements and absenteeism, which it categorized as a serious disciplinary violation.
Employee Challenges Termination Through Labor Arbitration
The employee challenged the dismissal through labor arbitration. Following arbitration, a first-instance ruling, and a second-instance mediation, the court ultimately sided with the employee, ordering the company to pay a lump-sum compensation, as per the VnExpress International report.
Union Stresses Distinction Between Mandatory Duties and Voluntary Activities
The Shenzhen Trade Union responded to the case by emphasizing that employers must clearly separate mandatory work duties from voluntary company activities such as annual meetings or banquets. Events that carry no attendance requirement or penalty for non-participation should be considered employee benefits rather than work obligations.
Union Stresses Distinction Between Mandatory Duties and Voluntary Activities
The union further noted that employees have the right to refuse non-mandatory activities without risking termination or wage deductions, warning employers against using company gatherings as a pretext to exercise disciplinary power.
Also read: Employee reviews friend’s resume and finds 5 mistakes that were getting her rejected – check yours before applying
Ruling Reinforces Protections Against Punitive Workplace Practices
The judgment in this case reinforces key principles of employee rights that voluntary activities remain voluntary, and companies cannot leverage cultural expectations or social pressure as justification for punitive actions that contravene labor protections.
As the Chinese labor market evolves, disputes like this one highlight the importance of clear contracts, transparent workplace policies, and an understanding that employee welfare extends beyond strictly operational duties to include legal rights that protect individuals from unfair workplace practices.
FAQs
Why was the employee fired?
He refused to perform at his company’s annual banquet, citing a heavy workload.
Can employees be punished for refusing voluntary activities?
No. Employees have the right to refuse non-mandatory activities without facing termination or wage cuts.
