2023-05-25 07:35:26
A man in China was fired after spending 3-6 hours a day in the company toilet. (Schematic diagram / flip from pixabay)
Going to the toilet is a normal physiological need, but if you are fired for going to the toilet for a long time in the company, do you think it is reasonable? A man surnamed Wang in China spent 3 to 6 hours in the toilet every day after surgery because of anorectal disease, and was fired by his company.
According to comprehensive land media reports, Wang Nan joined the company in April 2006, and the two parties signed a labor contract with no fixed term in April 2013. In June 2014, the company set up a special task room and transferred him to be directly managed by the general manager. There is only one employee in the office, and he must complete the related work assigned.
However, Wang Nan went to the hospital for an operation due to anorectal disease in December 2014. He did not recover until January of the following year, but he said that he continued to feel pain. Since July 2015, he has spent at least 3 to 6 hours in the toilet every day. The records show that from September 7 to 17, 2015 (except September 13), Wang Nan divided it into 2 or 3 times a day, a total of 22 times, and each time he went to the toilet for 47 minutes to 196 minutes. Time is 3 hours 50 minutes, 4 hours 28 minutes, 4 hours 18 minutes, 2 hours 32 minutes, 4 hours 35 minutes, 4 hours 16 minutes, 4 hours 29 minutes, 4 hours 01 minutes, 5 hours 29 minutes, 5 hours 22 minutes minute.
The company communicated with Wang Nan’s behavior and decided to expel him on September 23, 2015. Wang Nan refused to accept the lawsuit and demanded that the two parties continue to perform the labor contract without a fixed term. Fulfilling the contract with Wang Nan, the company refused to accept the appeal.
The court ruled in the first instance that Wang Nan had been away from work for a long time beyond the scope of normal physiological needs, so the dismissal was deemed legal. After the verdict came to light, Mr. Wang refused to accept it and appealed again. The court of first instance found the facts clear and applied the law correctly, and upheld the judgment of the court of first instance according to law. However, Wang Nan still refused to accept it and applied to the Tianjin High Court for retrial.
The court pointed out that Wang Nan stayed in the company toilet every day, which exceeded the range of reasonable and normal physiological needs. After the company communicated, he did not give a reasonable explanation, so he was dismissed according to the company’s regulations, which did not violate the law.
From September 7 to September 17, 2015, Wang stayed in the company bathroom every day, which exceeded the range of reasonable and normal physiological needs. In the communication with Wang before the company planned to impose punishment on Wang, Wang also failed to give a reasonable explanation for staying in the bathroom for a long time during work, and finally rejected Wang Nan’s application for retrial.
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