BEIJING: A man in China has been fired for taking frequent toilet breaks lasting more than an hour each time at work.
The man surnamed Li, who is from Jiangsu province, worked as an engineer in eastern China, and was fired from his position despite claiming that he suffered from haemorrhoids, reported the South China Morning Post.
Between April and May 2024, he reportedly took 14 toilet breaks, with the longest lasting four hours.
Li took his former company to court for illegal termination of an employment contract, suing the company for 320,000 yuan (S$58,195) in compensation.
He submitted haemorrhoids medication that his partner had purchased online in May and June 2024, and his inpatient surgery records from January, to the court.
The company, meanwhile, submitted surveillance footage showing the frequency and duration of Li’s toilet breaks.
The court found that the time Li spent in the toilet “greatly exceeded” his physical needs. The medical records he provided were also found to have covered a period after he took the frequent toilet breaks.
Li had also failed to notify the company about his medical condition or apply for sick leave in advance, as required by his employment contract.
Li’s job required him to be contactable and respond to all work requests. However, when the company reached out to him on a messaging platform, upon noticing his disappearance, it received no response.
This prompted the company to check its surveillance footage.
Li’s employment contract stated that leaving one’s post for a period of time without permission was considered an absence. Being absent for three working days in 180 days would lead to the immediate termination of the employment contract.
The company also checked with the labour union before firing Li.
The court eventually mediated between the two parties and convinced the company to provide Li with an allowance of 30,000 yuan, in the light of his contributions to the company, which he joined in 2010, and difficulties he faced after losing his job.
The case has sparked debate in China over workplace rights and medical accommodations. In 2023, another worker in Jiangsu was dismissed after taking frequent toilet breaks, with one that reportedly lasted up to six hours.
Under China’s Labour Law, employees have the right to receive labour safety and sanitation protection, which includes the appropriate use of bathrooms, reported the South China Morning Post.
However, employers are also allowed to enforce discipline and maintain productivity. - The Straits Times/ANN
