Why does the company consider it a "legal dismissal" if an employee goes to the bathroom without reporting and is opened? The court pointed out that the employee, as a swimming pool lifeguard, left work without authorization, which was a "serious violation of company rules and regulations". The company terminated the labor relationship between the two parties in a reasonable and legal manner. The lifeguard of a swimming pool in Chongqing was caught not on duty while using the restroom and did not report according to work requirements. The company dismissed him based on this. The court deemed that the employee's unauthorized departure from work constituted a "serious violation of company rules and regulations" and dismissed their lawsuit request. The dismissal of an employee while on duty due to using the restroom sparked a labor dispute, and the court determined that the company did not engage in illegal termination. Recently, the People's Court of Nan'an District, Chongqing, tried and sentenced the case. Coincidentally, Zhang, an employee of a chemical company in Jiangsu, was fired for sleeping for one hour at work. The court ruled that the company had illegally terminated the labor relationship and should pay compensation of more than 350000 yuan, which sparked heated discussions. Why are the court rulings different when employees are dismissed for using the restroom and sleeping at work? In July 2021, Xiaochen signed a 3-year labor contract with a sports and cultural development company in Chongqing to work as a lifeguard in a swimming pool. The "Lifeguard Safety Responsibility Agreement" signed by both parties stipulates that "Lifeguards are not allowed to leave or wander around during duty hours, teach people how to swim, and must hire off-duty lifeguards to take care of them when leaving temporarily." "If a lifeguard violates the regulations twice or more within a year, it will be considered a serious violation of the company's rules and regulations, and the company will terminate their employment relationship without paying economic compensation. Xiao Chen handwritten a commitment to abide by the above regulations and accept corresponding punishments during his employment. On March 29, 2024, the company announced in the lifeguard WeChat group that Xiao Chen and another lifeguard were caught not on duty for using the restroom during their shift, resulting in a deduction of points and a demerit for violating work regulations. The company also emphasized the need to inform the duty leader, team leader, or on duty lifeguard when using the restroom or encountering special circumstances while on duty. On April 2nd, the company once again announced in the WeChat group that Xiao Chen was caught not on duty while smoking in the office area after returning from using the restroom. On April 3rd, the company delivered a "Notice of Termination of Labor Contract" to Xiao Chen, terminating the labor relationship between the two parties on the grounds of serious violation of rules and regulations. Xiao Chen believes that the company's termination of labor relations is illegal. After labor arbitration, he filed a lawsuit with the Nan'an District People's Court in Chongqing, demanding that the company pay compensation of more than 50000 yuan for the illegal termination of labor relations. The court ruled that the termination of the company's employment contract is the most serious punishment imposed by the employer on the employee. The employer should adopt a cautious attitude and conduct a comprehensive review and evaluation of whether the employee has committed disciplinary violations, the degree, consequences, and faults of the behavior, whether it meets the punishment standards for terminating the labor contract, and whether the applicable rules and regulations are reasonable. The judge stated that as a professional lifeguard, based on the particularity of his position, Xiao Chen should not only possess professional first aid capabilities, but also have a high sense of responsibility and professionalism. Although the reason for Xiao Chen's departure from work is due to the basic physical need of using the restroom, and the company should provide appropriate tolerance, the reporting in the responsibility letter is just to say it in the work group so that the supervisor can arrange for a substitute lifeguard to be in place. The process is not complicated and does not conflict with Xiao Chen's physiological need to use the restroom. The court believes that Xiao Chen, as an important safety force in the swimming pool, leaving his post without knowing his job responsibilities and the company's rules and regulations, not only leads to a gap in safety supervision in the water area and poses serious safety hazards to swimmers, but also brings great legal and operational risks to the company. Therefore, the company determines that its behavior constitutes a "serious violation of the company's rules and regulations", and based on this, the termination of the labor relationship between the two parties is reasonable and legal. In the end, the court rejected Xiao Chen's lawsuit request, and the judgment has now come into effect. Based on the comprehensive judgment of what constitutes a "serious violation of discipline", the news of "an employee being fired for sleeping for one hour at work" has attracted attention and discussion. In this case, the company's behavior was deemed illegal and terminated. In this case, Zhang, an employee of a chemical company in Jiangsu, slept for an hour at his workstation while lying down and leaning back at work. The company terminated Zhang's labor contract on the grounds of serious violation of company rules and regulations. After the case was brought to court, the court found that although Zhang did commit disciplinary violations, based on the characteristics of his management position and the severity of his sleeping behavior, sleeping for one hour did not cause significant losses or extremely negative impact on the company. At the same time, the court pointed out that the exercise of the right to terminate the contract by the employer must be based on the premise that the employee has violated the rules and regulations, and the behavior must reach a serious level. In this case, Zhang's disciplinary behavior was sporadic and objectively did not cause significant losses or adverse effects to the company, so it should not be considered "serious". The court believes that the employer should also be reasonable, standardized, open and transparent when formulating rules and regulations. If the termination of the labor contract relationship is illegal on the grounds of serious violation of rules and regulations without informing the employee of the rules and regulations, the company is ordered to pay compensation of more than 350000 yuan to Zhang. Employers must strictly abide by laws and regulations when terminating labor relations, ensuring the legality and rationality of their actions. When dealing with employee disciplinary violations, multiple factors such as motivation, frequency, consequences, impact, and losses should be comprehensively considered. These factors are usually also considered by the court in determining whether the employee constitutes a serious disciplinary violation during the trial Lawyer Li Jian, the chairman of the labor union of Beijing Deheng (Chongqing) Law Firm, said. He also reminded employers to ensure legality when formulating and implementing rules and regulations, in order to avoid legal risks caused by illegal procedures for formulating rules and regulations. Tan Gangqiang, the director of Chongqing Union Psychological Counseling Firm, told reporters that the case where an employee was dismissed for not reporting when using the restroom and the court ruled in favor of the company is not only a recognition of the rationality of the company's rules and regulations, but also an important reminder of employee behavior norms. Both parties should uphold the principle of integrity, strengthen communication, and jointly maintain a good working environment and order. On the one hand, enterprises should strengthen humanized management and respect the legitimate rights and interests of employees. On the other hand, employees should also strictly abide by work discipline and fulfill their duties conscientiously, "he said. Professor Mo Yuanming from Chongqing Technology and Business University pointed out that employees certainly have the right to rest, but this does not mean that these rights can be abused. Reasonably arranging personal time and complying with company rules and regulations are the basic responsibilities of every employee. Especially in special positions, the code of conduct for employees is particularly important. He gave an example that positions such as lifeguards and firefighters have extremely high requirements for employees' on duty status and emergency response capabilities due to their special responsibilities. In these positions, even a brief absence can lead to serious consequences and even endanger public safety. Therefore, for employees in these positions, the company should establish strict rules and regulations, and strengthen training and supervision to ensure that employees can always maintain a high level of vigilance and sense of responsibility. (New Society)