跟同事说话4分钟、提前3分钟收拾下班……公司凭监控视频开除员工，法院判了！
双语君约 4 分钟公司凭监控片段“突袭式”开除员工？近日，江苏省南京市中级人民法院对一起劳动争议案作出二审判决，引发关注。
A Chinese court has ordered a company to pay 108,000 yuan in compensation after it abruptly fired a technician based on silent video footage showing only brief moments of the employee being away from their desk.
据报道，2025年1月，在公司工作了4年多的技术工程师小林（化名），结束驻外项目，回到南京分公司坐班，每天按时上下班，主动做调研并汇报进展。
The case, recently decided by the Nanjing Intermediate People's Court in Jiangsu province, involved an engineer surnamed Lin. Lin had worked for the company for more than four years and returned to a desk job in January 2025 after finishing an out-of-town assignment. At the office in Nanjing, Lin reportedly showed up on time, conducted research, and submitted progress reports.
结果在2025年2月13日下午5点多，小林被公司以“严重违纪”为由，当场解聘，并要求1小时内办完全部离职手续。
直到对簿公堂时，公司声称十几段没有声音的监控视频是开除小林的“摸鱼罪证”，其中包括——
On the afternoon of Feb 13, 2025, the company fired Lin on the spot for "serious disciplinary violation" and ordered Lin to complete all exit formalities within an hour.
During subsequent litigation, the employer presented over a dozen silent surveillance clips as evidence of "loafing", citing such alleged infractions as stepping away from the desk for up to 15 minutes, chatting with coworkers, checking a phone, packing up a few minutes early, starting the computer slightly late, and leaving the screen idle for nearly half an hour — all recorded over several days in January and early February.
In court, Lin rebutted each claim. They explained that leaving a few minutes early was due to the need to take the elevator from the fourth floor to the first floor to clock out — hardly an early departure. Stepping away from the desk was for basic needs such as using the restroom or getting water; talking with coworkers was normal work communication; and checking the phone was for reviewing competitor information and work-related messages. Lin also noted that in more than four years, they had no disciplinary record, and the company never issued any warning or conducted any verification before using the clips to justify a surprise firing.
本案二审法官在判决后表示，技术能记录外在行为，却无法评判主观动机。企业试图通过不间断监控，把员工死死固定在工位上，既不现实，法律也绝不赞同！
The appeals court ruled that the behaviors shown in the video were short in duration and low in frequency, falling far short of "serious misconduct". The judge stated after the ruling that while technology can record external actions, it cannot assess intent. A company's attempt to pin employees to their desks through constant surveillance is neither realistic nor legally permissible.
来源：中国青年报 江苏广电 南京市中级人民法院
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