A man in Hebei Province, China, was fired while in a vegetative state after suffering a brain hemorrhage.
The medical emergency occurred during an extramarital affair with a female colleague.
Seeking recourse, his family filed a lawsuit against the employer. However, the court later rejected their petition.
On the night of 22 Jan 2024, the employee, Zhang (name transliterated from Mandarin), a married man in his 40s, suffered a sudden brain hemorrhage and cerebral herniation after having sexual relations with a female colleague.
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He subsequently fell into a vegetative state.
On 9 March 2024, Mr Zhang’s employer decided to terminate his employment contract, citing that he had seriously violated the company’s code of conduct and disciplinary rules.
Before carrying out the dismissal, the company notified its internal labour union, and the union did not object.
Mr Zhang’s mother later filed a labour arbitration claim on his behalf as his legal guardian, seeking 383,000 yuan (S$72,340) in compensation.
The claim included 11 months of unpaid social security contributions during his medical leave, sickness allowances, medical subsidies, and compensation for what she argued was unlawful termination.
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The company countered that the termination was lawful, citing that Mr Zhang’s extramarital relationship severely breached corporate regulations and public morals.
In January this year, the labour arbitration tribunal ruled that the company only needed to pay Mr Zhang 9,764.98 yuan (S$1,847) in sick leave wages covering the period from 23 Jan to 12 March 2024. Other claims were rejected.
Mr Zhang’s mother then took the matter to court.
The Shahe People’s Court ruled that Mr. Zhang’s medical condition did not nullify the company’s legal right to terminate his employment.
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According to the ruling, Mr Zhang was well aware of company regulations, having personally taken part in past discussions regarding employee behavioural expectations.
His extramarital relationship with a female colleague violated corporate guidelines and breached fundamental workplace standards of conduct, the court said.
The court also determined that the employer had followed proper procedures by consulting the labour union before terminating Mr Zhang’s contract.
As a result, the court rejected claims for unlawful dismissal compensation and medical subsidies.
Addressing the claim for social security payments, the court ruled that such disputes fell outside the jurisdiction of a civil labour case and declined to issue a ruling on the matter.
In its first-instance judgment, the court ordered the company to pay Mr Zhang 11,159.98 yuan (S$2,107) in sick leave wages while dismissing the remaining claims.
Also read: Employee in China fired for napping during work, sues company for S$64K compensation
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