A man named Ly, from Jiangsu province, was fired for taking 14 toilet breaks, the longest of which lasted four hours, between 4/2024 and 5/2024.
The incident was recently reported by the Shanghai Trade Union Federation after Ly sued his company for unlawful termination, seeking 320,000 yuan (approximately 1,2 billion Vietnamese dong) in compensation.
Ly submitted evidence of hemorrhoid medication along with his inpatient surgery records from 1/2025.
The company provided surveillance video footage showing Ly's frequent toilet breaks, each lasting one to four hours.
The company stated that Ly began working in 2010 and renewed his indefinite contract in 2014. According to the contract, leaving one's workstation for a specific period without permission is considered an absence. Accumulating three days of absence within 180 days results in immediate contract termination.
Noticing Ly's unusually long absences, the company contacted him via an internal chat application but received no response. Ly's position required him to always respond to work requests.
The company obtained approval from the trade union and dismissed him after reviewing the surveillance video.
The court determined that the time Ly spent in the bathroom "far exceeded" his physical and medical needs. He also failed to inform the company of his health condition or request sick leave beforehand, as stipulated in his contract.
Following the trial, the court mediated between the two parties, persuading the company to settle the case by providing Ly with 30,000 yuan (over 100 million Vietnamese dong). This was in consideration of his contributions to the company and the difficulties he faced after losing his job.
This is not the first time Chinese companies have faced controversy regarding toilet breaks.
In 2023, a man from Jiangsu was dismissed for frequent toilet breaks. His longest break lasted six hours daily.
The court upheld the company's decision based on reasons similar to Ly's case.
In 2016, a driver stopped for a six-minute toilet break when he should have been picking up a customer.
He missed five customer calls and lost an order. The company dismissed him and demanded 21,550 yuan (37 million Vietnamese dong) in compensation, a decision the court supported.
Meanwhile, some companies have faced backlash over personal information privacy concerns for installing timers in restrooms to monitor employee break times.
According to Chinese labor law, employees have the right to occupational safety and health protection, including access to appropriate toilet facilities.
Hai Thu (According to SCMP)
