Fired for falling asleep, man sues company and gets 1.2 billion VND in compensation

SCMP reported that Chinese social media is buzzing about the case of a man in Jiangsu province (China) who was fired for taking an hour of nap at noon after working overtime the night before. He sued the company and was awarded 350,000 yuan (1.2 billion VND) in compensation.

The company fired Truong for falling asleep at his desk. (Photo: SCMP)

The man, surnamed Zhang, was a manager at a chemical company in Taixing City, Jiangsu Province. He had worked for the company for more than 20 years.

Earlier this year, Zhang was fired after company surveillance cameras captured him dozing off at his desk. He reportedly worked overtime until midnight the night before.

Two weeks after the incident, the company's human resources department released a report signed by Truong, stating that he was "found falling asleep at work due to fatigue."

According to a transcript of the conversation that went viral online, the HR staff asked: "Manager Truong, how long did you sleep that afternoon?" He replied: "About an hour."

After consulting with the union, the company officially sent a notice of dismissal to Truong on the grounds of "serious violation of company regulations".

“Manager Truong joined the company in 2004 and signed an indefinite-term labor contract. However, his behavior of falling asleep while working was a serious violation of the company's zero-tolerance disciplinary policy. Therefore, with the approval of the union, the company decided to terminate the labor contract, ending all labor relations between Mr. Truong and the company,” the notice stated.

Believing the firing was unfair, Truong filed a lawsuit against the company.

In assessing the case, the court acknowledged that although the employer had the right to terminate the contract for breach of the regulations, such termination had to be based on an assessment of the specific conditions, including the extent of the damages.

“This is a first-time violation and did not cause serious damage to the company,” explained Ju Qi, a judge at the Taixing People's Court.

Furthermore, considering Truong's 20 years at the company, with excellent performance, promotions and salary increases, firing him for a first-time violation that did not cause damage is "too harsh and unreasonable".

The court eventually ruled in favor of Zhang, ordering the company to compensate him 350,000 yuan.

The lawsuit attracted the attention of the Chinese online community.

One netizen commented: "It is indeed wrong to fall asleep at work, but the company's punishment is too harsh. If small mistakes can lead to dismissal, then firing employees becomes too easy."

Hua Yu (Source: SCMP)

Source: https://vtcnews.vn/bi-duoi-viec-vi-ngu-gat-nguoi-dan-ong-kien-cong-ty-va-duoc-den-1-2-ty-dong-ar909031.html