员工在厕所玩手机，照片被发到400多人的大群......
双语君约 4 分钟A technology company in Guangdong province has sparked controversy after dismissing a young employee over prolonged phone use in a restroom and circulating a disciplinary notice in a staff group chat with photos taken through a door gap.
Wan, 18, said he was told not to "overthink it" because his face was not visible in the photos.
The company denied installing restroom cameras, saying a manager took the photos through a gap in the stall door after finding him using his phone inside. It added that Wan was still on probation and was frequently away from his post.
The incident has reignited debate over workplace boundaries, particularly employees' right to reasonable restroom breaks and personal privacy.
Cheng Yisheng, a lawyer at ETR Law Firm, said Chinese labor law protects workers' basic physiological needs, including restroom use, and that using a phone in the restroom is not inherently unlawful. The key issue, he said, is whether the frequency or duration exceeds a reasonable limit and breaches workplace rules.
Recent court rulings have taken a case-by-case approach. A court in Beijing's Shunyi district ruled in favor of a worker dismissed over a three-minute restroom break due to stomach pain, while a court in Nantong, Jiangsu province, upheld the firing of an employee who spent excessive time in the restroom, including more than six hours in a single day.
“厕所属于典型的私密空间，人们在厕所内的如厕行为属于私密活动，具有高度的隐私期待。”程轶圣表示，未经员工同意擅自拍摄员工如厕场景，直接侵犯了员工对私密空间和私密活动的隐私权。最高人民法院关于适用《中华人民共和国民事诉讼法》的解释第一百零六条规定，以严重侵害他人合法权益、违反法律禁止性规定、严重违背公序良俗的方法获取的证据，不得作为定案依据。
管理人员通过门缝拍摄员工在卫生间内的照片，因涉嫌严重侵害员工隐私权，有很大可能被依法排除。“核心判断标准是，证据的取得方式是否严重侵害他人合法权益、违反法律禁止性规定、严重违背公序良俗。”
Legal experts also questioned the company's method of gathering evidence, saying restrooms are private spaces and that unauthorized photography there may violate privacy rights under China's Civil Code. Evidence obtained through such improper means could also be ruled inadmissible in court.
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