An engineer in China won compensation after a court ruled his dismissal over brief absences, phone use and workplace conversations was unlawful.
WHILE employers are generally entitled to dismiss staff for misconduct that affects productivity or disrupts the workplace, a recent case in China has triggered debate over the limits of employee surveillance and what constitutes grounds for termination.
According to Chinese news portal Sohu, a technical engineer identified under the pseudonym Xiao Lin was dismissed in February 2025 after his employer accused him of committing a series of “serious misconduct” offences based on CCTV recordings.
Xiao Lin had been employed by the company for more than four years and had only returned to its office in Nanjing in January 2025 after completing an overseas assignment.
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Court documents showed that the company alleged the engineer had been slacking off by spending time chatting with colleagues, using his mobile phone and leaving work early.
Surveillance footage presented during proceedings allegedly recorded several incidents between January and February.
On Jan 17, CCTV footage reportedly showed Xiao Lin away from his desk for nine minutes, during which he was seen looking at his mobile phone and having a four-minute conversation with a colleague.
The company also cited footage from Jan 23 and Jan 26, which allegedly showed similar behaviour, including him leaving work three minutes before the end of his shift.
Footage from Jan 24 allegedly showed him switching on his computer eight minutes after clocking in and using his phone during working hours.
In another incident on Feb 5, the company claimed his computer screen remained inactive for 28 minutes and that he left his workstation four minutes before the end of the day.
However, Xiao Lin rejected the allegations and addressed each accusation in court.
Responding to claims that he had left work early, he explained that he had left his desk several minutes beforehand in order to reach the clock-out machine, which was located several floors below his office.
He also argued that being away from his desk or speaking with colleagues was part of normal daily activities, including using the toilet or getting a drink.
“Talking to colleagues was part of normal work communication. Looking at my phone was to check competitors’ products and work-related messages. How can surveillance footage alone conclude that I was slacking off?” he was quoted as saying.
Xiao Lin further added that he had maintained a clean disciplinary record throughout his employment and had never been issued with any warning, reminder or request for clarification before his dismissal.
The court ruled that the conduct captured by the surveillance cameras was brief and infrequent and did not warrant termination.
As a result, the court found the dismissal to be unlawful and ordered the company to pay Xiao Lin 108,000 yuan (RM64,973) in compensation.
