江苏南京一技术工程师林某因在工作时间玩手机被公司以严重违纪为由解除劳动合同，法院最终认定公司行为违法[1]。南京市中级人民法院二审维持原判，判令公司支付违法解除劳动合同的赔偿金、应休未休年休假工资等，共计111,976.67元[1]。
林某于2020年8月入职，2025年2月被解除劳动合同[1]。公司员工手册规定，员工上班时间从事与本职工作无关的活动三次以上仍不改正，视为严重违反规章制度[1]。据公司提供的监控证据，林某共有14次违纪行为，包括离座9分钟、和同事说话4分钟、迟开电脑8分钟、看手机、提前3分钟离岗[1]。
法院认为，短暂的放松属于正常的生理与心理需求，林某行为持续时间短暂，频次不密集，未达到严重违反规章制度的程度[1]。此外，公司在未提前沟通的情况下，以严重违纪为由直接解除劳动关系，未列举具体违反事项，未给予林某申辩说明的机会，程序存在重大瑕疵[1]。公司提供的证据不足以证明林某从事与工作无关的活动[1]。
A technology engineer in Nanjing, Jiangsu province, has secured a court victory after being terminated for using his phone at work. The Nanjing Intermediate People's Court upheld a first-instance ruling that the company violated labor law by dismissing the employee without proper procedure, ordering compensation totaling 111,976.67 yuan. [1]
Lin, a technical engineer, was employed by the company starting in August 2020 and faced dismissal in February 2025 on grounds of severe workplace misconduct. [1] The company's employee handbook stipulated that engaging in activities unrelated to work duties three or more times without correction constitutes serious breach of company regulations. [1] According to monitoring evidence presented by the company, Lin allegedly committed 14 violations, including leaving his desk for 9 minutes, conversing with colleagues for 4 minutes, delaying computer startup by 8 minutes, checking his phone, and leaving work 3 minutes early. [1]
The court rejected the company's termination decision, finding the evidence insufficient to prove Lin engaged in work-unrelated activities and noting serious procedural defects in the dismissal process. [1] Judge Liu Yi stated that brief periods of relaxation constitute normal physiological and psychological needs, and Lin's conduct was of short duration and low frequency, falling short of the threshold for serious workplace rule violations. [1] The company terminated Lin's employment directly without prior communication, failing to specify concrete violations or provide him an opportunity to respond to the charges. [1] The compensation package included severance for wrongful dismissal as well as unpaid annual leave wages. [1]
