In Shenzhen, China, an employee was fired by his company after refusing to perform a comedy act at an annual corporate event. The employee cited excessive workload as the reason for his refusal. The management deemed this refusal as “disrespect” and terminated the employment contract the very next day, citing “disobedience to company orders” and “absenteeism.”
The employee challenged the dismissal through labor arbitration. A court ruling in the second instance found that the company had unlawfully terminated his employment contract and ordered the employer to pay him a lump sum compensation.
According to the Shenzhen Trade Union, the key distinction lies in whether participation in such corporate events is voluntary or mandatory. If a company explicitly requires all employees to participate and links it to attendance records, performance evaluations, or disciplinary actions, then the event becomes compulsory and constitutes part of work obligations. Conversely, if participation is voluntary without tracking, penalties, or consequences, it falls under corporate benefits rather than job duties.
