Employee Fired for Excessive “Paid Toilet Breaks” During Work Hours

2024/09/11 16:48 Intersection News

Liu, a factory inspector, was responsible for inspecting the entire factory area in the company. His monthly income was around 10,000 yuan, and he had signed an open-ended employment contract with the company.

However, within just 20 days, Liu stayed in the company bathroom for a long time 11 times, each time for more than half an hour, and the total time per day ranged from more than an hour to more than 6 hours. The company dismissed Liu according to the rules and regulations.

Liu refused to accept the decision, believing that going to the toilet was a personal physiological need and a daily inspection requirement at work, and that the company had illegally terminated his labor contract. He demanded that the company pay compensation for illegal termination.

The company’s management system has regulations on employees leaving their posts and being absent from work without permission during working hours. Liu was aware of this and signed to confirm.

After trial, the court held that according to the company’s rules and regulations, Liu’s prolonged stay in the bathroom constituted absence from work and 6 days of absence. Therefore, the company’s termination of the labor relationship with Liu was legal, and Liu’s claim for compensation lacked basis and was not supported.

Xinhua Daily·Jiaohuidian reporter Ying Qiaoling