Company Fires Employee for Long Toilet Phone Use, Door-Crack Photos Spark Privacy Debate

A tech company in Zhuhai, Guangdong Province, has sparked a fierce controversy over the boundary between privacy rights and enterprise management after firing an employee for spending excessive time using a mobile phone in the toilet and attaching photos taken through a door crack in an internal notice.

The company issued a notice stating that Wan, an 18-year-old probationary employee, had repeatedly stayed in the toilet for long periods during work hours, constituting "absenteeism and idling." The firm imposed a 200-yuan (US$29) performance penalty and terminated his contract. The notice, sent to a staff group of more than 400 people, included a photo of Wan taken by a manager through a toilet door crack.

On April 27, the company's legal representative told Jiupai News that the notice was accurate, adding that no surveillance cameras had been installed in the toilets. The photo was taken manually by a manager who spotted the employee using his phone inside the toilet. He also said the company had filed a police report over online rumors that cameras were installed in the restrooms.

Wan, 18, told Jiupai News on April 28 that he had only worked at the company for one month and was still owed 5,000 to 6,000 yuan in unpaid wages. He said the company had told him, "Your face isn't shown, don't overthink it."

Local labor authorities in Zhuhai said on April 28 that the employee could request a written termination notice specifying the reasons for dismissal. While firing an employee for toilet phone use may violate labor contract laws, depending on the specific circumstances, authorities suggested that allegations of covert filming be referred to the police.

Legal experts widely agree that the act of "taking photos through a door crack," regardless of whether cameras are installed, violates a person's rights to privacy and portraiture under China's Civil Code. Toilets are considered absolutely private spaces, experts say, and even if an employee violates workplace rules, evidence obtained and distributed without consent is illegally gathered.