Chinese Court Rules Against Company for Firing Employee via WeChat Group
A recent labor dispute case in China has sparked widespread attention on social media, with the hashtag "woman sees herself being laid off in company WeChat group" trending on Weibo. The case involves a woman named Liu, who was informed of her layoff through a notification posted in her company's WeChat group. The company subsequently removed her from the group chat. Liu believed that the company's actions constituted a unilateral termination of her labor contract and applied for labor arbitration. The arbitration committee ruled that the company should pay Liu her salary for October and November 2023, as well as compensation for illegally terminating her labor contract, totaling approximately 45,000 yuan. The company paid Liu's salary for the two months but then sued her in court, arguing that it did not need to pay the compensation. The court ultimately ruled in favor of Liu, ordering the company to pay her the compensation.
25 February 2025
This case has raised questions about the legality of companies using WeChat groups to notify employees of layoffs and the importance of following proper procedures in labor disputes. The court held that the company's actions, including the sending of the notification through the WeChat group, constituted a behavior that was subject to legal scrutiny. Furthermore, the company's inability to provide evidence that it had followed the legally mandated procedures for layoffs prior to notifying Liu of her termination meant that it would bear the responsibility of failing to provide sufficient evidence, as dictated by law.
The Guangdong Shantou Intermediate Court's ruling has significant implications for companies in China, highlighting the importance of adhering to formal protocols when engaging in layoffs. It underscores that informal communication channels, such as social media or messaging apps, are not appropriate for conveying such critical information to employees. The use of WeChat or similar platforms for notifying employees of significant changes to their employment status can expose companies to legal liabilities, as seen in Liu's case. The court emphasized the company's failure to follow the legally mandated procedures before implementing the layoffs, and the decision serves as a reminder to employers of their responsibilities and the potential consequences of disregarding employee rights.
The incident highlights the importance of companies and employers having a thorough understanding of labor laws to prevent economic losses and reputational damage that can arise from unlawful practices. Employers should familiarize themselves with the legal requirements surrounding employee termination, including notice periods, severance pay, and the reasons that can legally justify termination. Maintaining transparent and respectful communication channels is also essential, and companies should ensure that employees are informed directly and with dignity, rather than through indirect means such as group chats.
Employees, too, are advised to be aware of their rights under labor laws. Keeping records of employment contracts, pay slips, and any significant communications can provide valuable evidence in case of disputes. Utilizing personal communication channels for work-related discussions, when possible, can also help protect individual rights and interests. In conclusion, a thorough understanding and application of labor laws are essential for both employers and employees. By prioritizing legal compliance and ethical practices, companies can avoid legal repercussions, maintain a positive reputation, and foster a healthier workplace environment. Employees, by being informed and proactive, can better safeguard their rights and interests within the employment relationship.
