Li, an engineer working for a technology company in Suzhou, recently settled a lawsuit against his former employer after being fired for prolonged restroom breaks. The case, which gained attention after the Shanghai Labor Federation publicized it, highlights ongoing tensions between employee rights and strict workplace policies in China.
Li, who had been with the company since 10/2010, filed a lawsuit in 1/2025, alleging wrongful termination and seeking USD 45,000 in compensation. He asserted that his frequent and lengthy restroom visits were due to hemorrhoids, a medical condition requiring treatment. As evidence, he presented receipts for hemorrhoid medication purchased in 5/2024 and 6/2024, along with hospital records for surgery in 1/2025. This information was reported by SCMP on 16/12/2025.
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Visitors at the 2018 China Toilet Revolution Innovation Exhibition in Shanghai on 18/11/2018. Photo: Xinhua |
Visitors at the 2018 China Toilet Revolution Innovation Exhibition in Shanghai on 18/11/2018. Photo: Xinhua
The Suzhou court initially rejected Li's claim, ruling that his "number of restroom visits exceeded physiological needs." The company provided video evidence showing Li taking multiple restroom breaks, each lasting over one hour, between 4/2024 and 5/2024. The longest recorded absence was four hours. The company stated that Li had not informed them of his medical condition, despite his job requiring constant presence at his workstation. After attempts to contact him during his absences failed, the company secured approval from the labor union for his termination.
Li's employment contract, signed in 2014 after he joined the company in 2010, stipulated that unauthorized absence from a workstation for a specific period constituted absenteeism. The contract also stated that total unauthorized absences exceeding three workdays within a 180-day period would trigger immediate contract termination.
Following Li's appeal and two subsequent hearings, the court facilitated a mediation between both parties. Li agreed to withdraw his lawsuit, and the company offered him a severance payment of USD 4,200. This compensation acknowledged Li's contributions to the company and his difficult circumstances after becoming unemployed.
This incident is not isolated. In 2023, another man in Jiangsu province was dismissed for similar reasons, with one restroom break lasting up to six hours. The court in that instance sided with the company. Such cases have led to criticism of some companies for installing timers in restrooms to monitor employee breaks. China's Labor Law guarantees employees rights to workplace safety and hygiene, including appropriate use of restrooms.
Public reaction to Li's case has been divided. Some voiced support for the company's decision. "I would fire him if I were the boss," one person commented. Another individual remarked, "I would be annoyed if I were Li's colleague. Him being in the restroom for hours means his colleagues have to cover his work."
By Hong Hanh (SCMP)
