员工拒绝凌晨加班被开除，法院：公司违法需赔偿
双语君约 3 分钟近日，广州法院发布2026年劳动争议十大典型案例，其中一案为韦某与信某公司劳动争议案，该案明确劳动者拒绝不合理加班，不构成不服从工作安排。
A court in Guangzhou, Guangdong province, has ruled that an employee's refusal to comply with unreasonable overtime demands does not constitute insubordination.
The ruling was included among Guangzhou courts' 10 representative labor dispute cases for 2026, involving an engineer surnamed Wei and a technology company surnamed Xin.
Wei had repeatedly worked overtime late into the night when the company, through a WeChat work group, again requested him at 8:44 pm on March 18, 2025, and at 12:45 am on March 20 to continue handling technical issues, while still requiring him to work regular hours the next day.
Wei refused, saying the overtime was neither urgent nor necessary. The company later dismissed him for "twice failing to comply with work arrangements".
The court found that Wei had already been working long hours and that the company failed to prove further overtime was necessary or reasonable, while also requiring him to report for normal work the following day. The court ruled that Wei's refusal did not constitute insubordination, deemed the dismissal unlawful, and ordered the company to pay compensation.
Under Chinese law, overtime pay is part of workers' legal remuneration.
Employees facing unreasonable overtime demands or retaliation are advised to preserve evidence, raise concerns with their employer, seek assistance from labor authorities, and pursue arbitration or legal action if necessary.
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