Wrongful Termination: Paraglider Company Fails to Prove On-Duty Drinking Allegations

A court in eastern China has ordered a paraglider manufacturing company to pay 21,279.96 yuan in wrongful termination compensation after firing a worker for alleged on-duty drinking without adequate evidence.

Mr. Zang worked as a cutting operator from May 2006 until October 2011 at a paraglider company. On August 29, 2011, the company issued a written warning alleging he had been drinking during work hours. On October 12, the company transferred him from cutting to packaging, citing continued drinking during lunch breaks. On October 14, the company terminated his employment, claiming his drinking caused serious product quality issues endangering user safety.

Mr. Zang sued for wrongful termination, unpaid overtime, unpaid annual leave compensation, withheld wages, and minimum wage violations, totaling over 64,000 yuan.

The court found the company failed to prove Mr. Zang’s alleged drinking caused product quality issues. The company’s disciplinary rules lacked proof of democratic adoption and employee notification. The termination was therefore unlawful. The court ordered compensation of 21,279.96 yuan, calculated at twice the economic compensation rate for five and a half years of service at 1,773.33 yuan monthly average wage.

The company was also ordered to pay 2,137.77 yuan for unpaid annual leave from 2008 to 2011, and 200 yuan for a withheld September technical subsidy. The court denied overtime claims for lack of specific evidence and rejected minimum wage claims as the plaintiff’s wages exceeded the local minimum.

The company must issue termination documents and transfer personnel records within fifteen days.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.