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A tech worker in China is laid off and replaced by AI. Is it legal?

Artificial Intelligence robots demonstrate working on power grid control units during a media organized tour at Guangdong Power Grid Robotics Laboratory in Guangzhou, in southern China's Guangdong province, Thursday, April 16, 2026.
Andy Wong
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Artificial Intelligence robots demonstrate working on power grid control units during a media organized tour at Guangdong Power Grid Robotics Laboratory in Guangzhou, in southern China's Guangdong province, Thursday, April 16, 2026.

A court in eastern China's Hangzhou city, an AI hub, has ruled in favor of a senior tech worker whose company replaced him with artificial intelligence (AI).

The decision is being hailed by legal scholars as a reassuring signal for labor rights protection at a time when the central Chinese leadership is pushing for industries to widely adopt AI technology.

The Hangzhou Intermediate People's Court upheld an earlier decision by a lower-level court that the tech worker's dismissal was unlawful.

"The termination grounds cited by the company did not fall under negative circumstances such as business downsizing or operational difficulties, nor did they meet the legal condition that made it 'impossible to continue the employment contract,'" the court said in a published article.

At the heart of the case is whether a company can use AI replacement as a pretext for laying off human workers.

The worker, identified by the court only by his surname Zhou, was employed at a tech firm in Hangzhou, Zhejiang province, as a quality assurance supervisor. The tech firm was not named by the court. Zhou primarily worked with AI large language models and verified the accuracy of answers they generated for users.

Zhou earned an annual salary of 300,000 yuan ($43,900) before AI took over his job. The company reassigned him, but to a lower-level position with a 40% pay cut.

He refused and the company ended Zhou's contract citing the disruptive impact of AI on the role and reduced staffing needs.

Zhou filed an arbitration claim demanding higher compensation for wrongful termination and won. The company disagreed and filed a lawsuit in 2025. It lost at a district-level court. Now it lost again in the appeal.

Hangzhou court also ruled that it was not reasonable that the alternative position the company offered Zhou came with a substantial salary cut.

A Zhejiang lawyer Wang Xuyang, who is not connected to the Hangzhou case, told state-run news agency Xinhua that AI adoption doesn't automatically justify a company terminating a labor contract to cut costs.

But corporate profits have been squeezed as the Chinese economy remains sluggish. Add to that the rising costs brought on by the Iran war, and businesses will likely be looking for more ways to cut costs.

The case is among several labor disputes arising from AI job replacements across Chinese cities.

Last year, a data mapping worker in Beijing who was replaced by AI and dismissed also won his case through arbitration. The arbitration panel said the tech company's decision to switch to AI was a business choice rather than from an uncontrollable event.

It said by terminating the employee contract, the company was shifting the cost of the technological transformation to the employee, and ruled the dismissal illegal.

Jasmine Ling contributed to this report

Copyright 2026 NPR

Jennifer Pak
Jennifer Pak is NPR's China correspondent. She has been covering China and the region for the past two decades. Before joining NPR in late 2025, Pak spent eight years as the China correspondent for American Public Media's Marketplace based in Shanghai. She has covered major stories from U.S.-China tensions and the property bubble to the zero-COVID policy. Pak provided a first-hand account of life under a two-month lockdown for 25 million residents in Shanghai. Her stories and illustration of quarantine meals on social media helped her team earn a Gracie and a National Headliner award. Pak arrived in Beijing in 2006. She was fluent in Cantonese and picked up Mandarin from chatting with Beijing cabbies. Her Mandarin skills got her a seat on the BBC's Beijing team covering the 2008 Summer Olympics and Sichuan earthquake. For six years, she was the BBC's Malaysia correspondent based in Kuala Lumpur filing for TV, radio, and digital platforms. She reported extensively on the disappearance of Malaysia Airlines flight MH370. Pak returned to China in 2015, this time for the UK Telegraph in Shenzhen, covering the city's rise as the "Silicon Valley of hardware." She got her start in radio in Grande Prairie, Alberta where she drove a half-ton pickup truck to blend in – something she has since tried to offset by cycling and taking public transport whenever possible. She speaks English, Cantonese, Mandarin and gets by well in French and Spanish. When traveling, Pak enjoys roaming grocery stores and posts her tasty finds on Instagram. [Copyright 2026 NPR]