Former employee awarded 194,000 yuan for wrongful dismissal

The former employee of a consulting firm in Shanghai has been awarded 194,000 yuan ($30,031) in compensation after labor arbitration, the Shanghai Pudong New Area People's Court announced on Tuesday.

The employee, surnamed Zhang, was fired from his position as a software engineer following a series of disputes, which included his refusal to take his computer home for the Spring Festival in case his clients require emergency maintenance services, his 27-day block leave, and his lunch hours.

According to the company's employee handbook, the lunch break is from 12.30pm to 1pm, but Zhang went for lunch at 11.30am instead for six months.

The company also accused Zhang of tardiness, claiming that he had arrived at a client's company at noon instead of the stipulated 9am on July 24, 2019.

The court stated that although companies can tell their employees to take their computers home for emergencies, the employee has no obligation to work during a legal break. As such, Zhang was not in the wrong to refuse.

The court then stated that his 27-day leave was legal as, according to Zhang's statement, it includes the 11 days for the festival period, the 12 days earned from his overtime work, and two weekends.

The court noted that while Zhang's extended lunch breaks were a violation of corporate policies, the offence was not serious enough to warrant his dismissal.

With regard to the claim of tardiness, the court said that the client had agreed to let Zhang return to his office to retrieve the computer, which caused him to be late.