INTERNATIONAL – A labour dispute that began in 2019 in China’s Jiangsu Province has culminated in a court ruling favouring an employee who was dismissed for allegedly misusing sick leave. The worker, identified only by his surname Chen, had taken leave citing back-strain and later foot pain, but the company argued he was not ill after footage and a smartphone step-counter showed him walking some 16,000 steps on the same day. The case has sparked wide discussion on employee privacy, surveillance and employer rights.
Chen, who worked in an industrial firm, applied for two rounds of medical leave in February and March 2019, first for a back injury sustained at work, then after returning for only half a day he requested another leave for right-foot pain. He submitted a hospital diagnosis in each instance and obtained official approval. The firm became suspicious of the extended absence and asked Chen to visit the office to submit updated medical documentation. When he arrived, a security guard denied him entry and shortly after he was terminated on grounds of absenteeism and misrepresentation.
The employer presented evidence including surveillance footage showing Chen running toward the company building on the day of his foot-pain leave and extracted chat-app data indicating the 16,000-plus step count. The firm argued these data points proved the worker was not incapacitated. Chen countered that the gait data did not reflect his true condition, and he had supplied full medical scans and doctor’s notes covering both back and foot injuries.
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Following the dismissal, Chen filed for labour arbitration. The panel ruled in his favour, finding the company’s termination illegal, and ordered compensation of approximately 118,779 yuan (roughly US$16,000). The employer then appealed, but a court upheld the ruling persisting that the company had breached labour-law protections and unlawfully terminated Chen.
The case has fuelled debate in China over the boundaries of workplace surveillance and digital monitoring of employees during personal time off. Critics argue that companies accessing fitness-app data, step counters or surveillance cameras to scrutinize workers’ leave status represent intrusive oversight. One social-media commenter noted: “Even if someone walks 16,000 steps, it might be because they went to the hospital or bought medicine… the company does not have the right to check private data.”
Labour-law experts say this case sets a precedent for how employers must handle medical leave and what evidence they must rely on before dismissing an employee for alleged misconduct. While employers can question irregularities in leave usage, they must still follow due process, ensure evidence is reliable and respect privacy-related rights. The case highlights tension between productivity-control demands and employee protections in a digitalised workplace environment.
