Content
Introduction
A labour-dispute case in China has sparked global interest after a worker in Jiangsu Province was dismissed by his employer for allegedly walking over 16,000 steps on a day when he had applied for sick leave citing foot pain. The case, now ruled in his favour, is drawing attention to the growing influence of employee surveillance tools and the boundaries of privacy in the workplace.
What Happened
The employee, identified by his surname Chen, worked for a company in eastern China and initially applied for sick leave for a back strain in early 2019
After returning to work, he applied for further sick leave for right-foot pain and was advised medically to rest for a week due to a heel spur.
The employer, doubting the claim, used surveillance footage and software step count data that showed Chen had walked more than 16,000 steps on the day he claimed to be resting.
Based on this, the company terminated Chen for “absenteeism/misrepresentation.”
Chen challenged the dismissal, and a labour court ruled that the termination was unlawful, awarding him compensation of 118,779 yuan (approx. Rs 15 lakh) for wrongful dismissal.
Why It Matters
This case is significant for several reasons:
It highlights the intersection of health claims, employee monitoring, and legal protections in the labour sector.
It raises the question: How much surveillance is too much when an employer monitors step-counts, chat logs or location data to challenge a sick-leave claim?
The ruling may set a precedent in China (and globally) about the limits of employer data-collection and the rights of workers to medical leave.
For employers and HR professionals, the case signals the need for transparent, fair procedures and adherence to labour law before termination.
Key Legal & Ethical Considerations
The employer presented data suggesting the employee did not deserve the rest he claimed, yet the court found the termination illegal.
Use of personal data (step counts, chat logs) by an employer opens questions regarding data privacy, consent, and relevance to employment law.
Workers’ rights to medical leave, especially when backed by medical documentation, must be balanced against legitimate inquiry—but not automatic surveillance-based judgments.
The case could send signals to companies worldwide about how aggressively they enforce sick-leave policies—and the potential legal risks of over-monitoring.
(FAQ)
Q1. Why was the Chinese worker fired?
A1. He was dismissed because his employer concluded he misrepresented his health condition after step-count data showed he had walked over 16,000 steps while on sick leave for foot pain.
Q2. What did the court decide?
A2. A Chinese labour tribunal ruled the company’s dismissal was illegal, ordering compensation of 118,779 yuan to the worker. The court found the employer’s termination process did not meet lawful standards.
Q3. Does this mean employees can’t be monitored for sick-leave misuse?
A3. No—not exactly. Employers may have legitimate concerns if sick-leave claims appear suspicious. But this case shows that monitoring must be fair, lawful, and properly contextualised. Excessive reliance solely on step-count data without proper procedure may be deemed unlawful.
Q4. What are the implications for employers?
A4. Employers should ensure that any investigation into sick-leave misuse complies with labour laws, respects employee privacy, uses credible evidence, and follows a transparent process. Overreach into personal data may backfire legally.
Q5. Why is this case trending?
A5. Because it combines multiple timely and globally relevant issues—workplace monitoring, health-related leave, data privacy, labour law—making it a compelling story for news, social media and HR/legal discourse.
source credit ::Abhinav Singh
Published on : 11th November
Published by : Reddy kumar
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