A worker in Shenzhen, China, was allegedly fired after turning down a request from his manager to perform at the company’s annual dinner.
According to Sina News, the case later went through legal arbitration, where the court ruled in favour of the employee and ordered the company to pay compensation.
Was told the event was optional
According to a Shenzhen Municipal Federation of Trade Unions case report sighted by The Paper CN, the incident took place at a company dinner held on a Saturday.
Management had stated the event was “non-mandatory,” but still asked an employee — referred to as Xiao Ming — to perform a comedy skit.
Refusal led to conflict
Xiao Ming declined, citing work-related stress and tight deadlines.
His refusal reportedly upset his manager, who felt Xiao Ming was being disrespectful. The very next day, the company issued Xiao Ming a letter of termination.
They claimed he refused to follow instructions, was absent without approval, and had violated company rules, which they said justified immediate dismissal.
Employee challenged the decision
Xiao Ming filed a complaint, arguing that he was wrongfully terminated for not participating in an event that was not part of his official duties.
The case went through China labour arbitration, a first trial, and was later resolved through a second hearing and mediation.
The court ruled that the company had illegally ended the employment contract.
As a result, the employer was ordered to pay compensation in a lump sum.
Annual dinner not always “optional”
In response to the case, the Shenzhen trade union explained how to tell whether a company event is truly optional.
If the company links attendance to performance reviews, attendance records, or rewards, then the event may be considered mandatory.
In such cases, employees should not be penalised for not attending.
What about Malaysia?
In Malaysia, similar protections exist under the Employment Act.
If a company event is held outside regular working hours and is compulsory, employers are generally required to treat it as part of working time, especially if attendance is tracked or linked to performance.
Employees also have the right to refuse non-work-related tasks, particularly if they fall outside the scope of the job.
Wrongful dismissal cases in Malaysia can be filed with the Industrial Relations Department, where compensation or reinstatement may be ordered if the dismissal is found to be unfair.
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