An employee was dismissed after refusing a job reassignment and filing a complaint with company management. The company cited a violation of labor discipline and 'defamation, causing negative impact' as grounds for termination. Was the company¡¯s action lawful? How can employees protect their rights?

[Case Review]

Lin, an employee of a company, was on maternity leave when her department was dissolved. The company issued her a job reassignment notice, which she refused twice, resulting in two disciplinary warnings.

According to the company¡¯s employee handbook, employees may file a complaint with their department or senior management if they believe their personal interests have been unfairly infringed, disagree with management measures, or identify violations of company policies.

Lin emailed company leadership, claiming she had been unfairly treated and targeted by management, with unjustified performance score reductions.

The company terminated her employment, citing multiple labor discipline violations and allegations of defaming colleagues, causing harm to the company and others.

Lin filed for arbitration and later legal proceedings, seeking reinstatement of the employment relationship.

[Case Study]

The court of first instance ruled that Lin's expression of personal concerns was a normal employee right and aligned with the employee's code of conduct. The company¡¯s termination was deemed unlawful, and the court ordered the restoration of the employment relationship.

The Shanghai First Intermediate People's Court, after a second instance trial, held that according to the company's rules and regulations, employees have the right to file a complaint. The court found Lin's complaint to be reasonable and appropriately worded, with no malicious attacks on colleagues, no improper use of complaint channels, and no defamation or spreading of rumors. The employer was deemed to have an obligation to tolerate legitimate complaints, and terminating the contract based on such complaints was deemed unlawful.

The Court therefore rejected the appeal and upheld the original judgment.

I. Employers have a duty to tolerate reasonable complaints from employees

During the course of employment, when employees believe their lawful rights and interests have been infringed upon, filing complaints with the company or relevant parties is one of the key means to protect their rights. Through complaints, employees can clearly point out the specific issues affecting their rights and request the company to take corrective actions. Employers have a duty to tolerate employees' complaints. They should take such complaints seriously, assess their validity carefully, and avoid arbitrarily penalizing employees on grounds such as violations of labor discipline or insubordination. Instead, employment management should be conducted in compliance with laws and regulations, and in a reasonable and appropriate manner.

II. Employees must ensure that their complaints are lawful and proper

Employees' complaint channels include filing complaints with trade unions, relevant administrative authorities, or directly with the company¡¯s management or responsible departments. Although employees have the right to file complaints during the term of employment, they should pay attention to the appropriateness of their wording and the legitimacy of the complaint channels. Complaints must remain within reasonable bounds. Their statements must not involve malicious attacks, rumor-mongering, or other improper content, and must not violate any applicable laws or regulations.

[Representative Comments]

Gao Lingyun, Deputy to the Shanghai Municipal People's Congress and Party Branch Secretary of the Da'an Garden Residential Community, Caojiadu Sub-district, Jing'an District.

Employees have the legitimate right to raise concerns and express opinions. If they believe they have been subject to unfair performance evaluations, improper management, or violations of their rights, they are entitled to raise these issues and express their views through proper channels. Employers must not treat such actions as 'disciplinary violations' or impose corresponding punitive measures. This case is a representative example of a labor contract dispute arising from an employee¡¯s complaint to the employer. The judgment clarifies the employer¡¯s obligation to tolerate legitimate complaints and defines the boundaries of employees¡¯ freedom of expression. It strikes a balance between the employer¡¯s right to autonomous management and the employee¡¯s right to express concerns. The case provides a valuable reference for distinguishing between ¡°reasonable complaints¡± and ¡°disciplinary violations,¡± and serves as a model for enterprises to exercise lawful and autonomous management.

[Relevant Laws]

Labor Law of the People's Republic of China

Article 8 Employees shall, in accordance with the law, participate in democratic management through employees¡¯ congresses, congresses of employee representatives, or other forms, and may engage in equal consultation with the employer to protect their lawful rights and interests.

Article 25 An employer may terminate the labor contract under any of the following circumstances: (1) The employee is proven to be unqualified for the position during the probation period; (2) The employee seriously violates labor discipline or the employer¡¯s rules and regulations; (3) The employee commits gross negligence or engages in malpractice for personal gain, causing significant harm to the employer¡¯s interests; or (4) The employee is held criminally liable in accordance with the law.

(Case prepared by: Chen Meijuan from the Shanghai First Intermediate People's Court)