The company laid off employees under the pretext of "AI substitution," and the workers were awarded double compensation by the court

2026-07-23

With the widespread adoption of generative AI, employers have increasingly relied on AI tools to streamline basic tasks and reduce workforce sizes, leading to a growing number of labor disputes over "AI job replacement." The World Economic Forum (WEF) predicts that by 2027, 83 million traditional jobs worldwide will be replaced by AI, while 69 million new job positions will emerge. The novel disputes arising from this structural reshaping of the labor market are increasingly becoming a focal category in judicial review cases.

Recently, the Guangzhou Intermediate People's Court in Guangdong Province concluded a labor dispute case triggered by "AI replacing designers." After working as a graphic designer at a smart technology company in Guangzhou for three years, Wei was dismissed when the company introduced an AI drawing system and initiated organizational restructuring, claiming that the original graphic design position could be independently completed by AI tools, thereby eliminating Wei's job.

During the communication with Wei, the company only negotiated the compensation plan for resignation and did not engage in substantive discussions regarding internal job transfers or skill training. Subsequently, the company argued that the introduction of AI technology led to the disappearance of the original position, constituting a "material change in the objective circumstances upon which the labor contract was based, rendering the contract unfulfillable." Under the pretext of "material changes in objective circumstances," the company issued a written notice of contract termination and paid Wei an economic compensation of over 41,000 yuan.

Wei disagreed with the company's reasons for terminating the labor contract. He argued that the company's action was essentially an effort to reduce labor costs by laying off employees, as the related business operations had not ceased and the positions did not face substantial elimination. Consequently, he filed for labor arbitration. The arbitration ruling determined that the company had not engaged in illegal termination of the labor contract and dismissed Wei's claim for compensation. Unconvinced by the ruling, Wei filed a lawsuit with the Nansha District People's Court in Guangzhou.

The company believes that utilizing AI technology to upgrade and replace graphic designers, thereby eliminating the position, constitutes a significant change in the objective circumstances upon which the employment contract was based. Accordingly, the unilateral termination of the employment contract is lawful and does not require the company to pay compensation for illegal termination of the contract.

The Nansha District People's Court of Guangzhou City held that the company's aforementioned circumstances did not constitute a significant change in objective conditions, and Wei's claim for compensation was justified. The court ruled that the company should pay Wei double the original compensation difference, amounting to over 35,000 yuan. The company不服 the first-instance judgment and appealed to the Guangzhou Intermediate People's Court. The second-instance court rejected the appeal and upheld the original judgment.

The case involves two key facts: First, the company eliminated the foundational graphic design position but retained the "full-case designer" role, which still requires employees with comprehensive design capabilities to handle complex creative projects. The introduction of AI did not completely eliminate the company's overall demand for design talent. Second, from the launch of the AI graphic design tool to the issuance of the termination notice, the company never provided Wei with any training in AI-assisted design or advanced creative design. It failed to exhaust internal placement options, skill retraining, or reasonable job transfers, offering only a single exit compensation scheme, rendering the related negotiations merely perfunctory.

The core dispute in this case revolves around whether a company's proactive introduction of AI tools to replace basic manual positions qualifies as a "material change in objective circumstances" under the *Labor Contract Law of the People's Republic of China*, thereby allowing unilateral termination of employment contracts. The presiding judge at the second-instance trial, Chen Shiyuan, held that AI technological advancements do not automatically meet the statutory criteria for such changes. Consequently, companies cannot unilaterally terminate labor contracts solely on this basis. For a material change in objective circumstances to justify contract termination, the resulting inability to fulfill employment obligations must stem from factors beyond the company's control and be unforeseeable.

"In this case, although the company reduced the number of basic graphic designers, there were still full-time designer positions available. Wei's professional design skills remained relevant within the company, and it cannot be automatically concluded that the labor contract had reached a point where it could no longer be fulfilled," Chen Shiyuan stated.

Wei argued in the litigation that the company had not negotiated with him to adjust his position to a full-time designer, otherwise he would have accepted the adjustment.

Chen Shiyuan told the China Youth Daily and China Youth Net reporters that even if there are significant changes in objective circumstances, employers must still follow the prerequisite procedure of negotiating contract modifications with employees. In this case, the company only negotiated with Wei regarding severance compensation and failed to provide valid evidence proving that it had engaged in substantive discussions with Wei about specific job adjustment plans, such as the "full-case designer" position, prior to terminating the employment contract. Its termination process did not meet the legal requirement of "negotiation.".

The ruling in this case demonstrates that judicial decisions fully recognize the legitimacy of technological innovation in artificial intelligence and corporate digital transformation. However, the essence of labor relations lies in the balance of interests between employers and employees. While companies benefit from AI-driven cost reduction and efficiency gains, they must also bear the responsibility of properly reemploying workers.  Chen Siyuan said.  Yin Feiyang, a doctoral candidate at Southwest University of Political Science and Law, proposed in the article "Research on Termination Based on 'Major Changes in Objective Circumstances' in the Age of Artificial Intelligence" that "AI replacing human labor" is essentially a workforce evolution driven by industrial upgrading, which differs from traditional external environmental changes. Current legal frameworks exhibit insufficient adaptability, necessitating urgent adjustments.

It is imperative to improve the rules for protecting workers' rights, establish corporate obligations for workforce transition in response to structural unemployment caused by AI replacement, refine compensation standards for illegal dismissals, and strengthen judicial safeguards for workers' employment rights. Yin Feiyang argued in the article that in the context of "AI replacing human labor," merely negotiating job position changes is not the optimal solution to labor disputes. The core requirement for workers amid technological transformation is skill upgrading, and the law should guide enterprises to establish regular internal training mechanisms, replacing simple layoffs with skill enhancement to reduce disputes at the source.

Hong Guibin, Senior Partner at Shanghai Huigui Law Firm and Committee Member of the Labor Law Professional Committee of the Shanghai Lawyers Association, stated in an interview with China Youth Daily and China Youth Network that the emerging disputes frequently triggered by "AI job replacement" are not institutional blind spots, but rather a question of how legal practice should adapt to technological changes. Technological advancements leading to workforce optimization and cost reduction represent operational benefits of corporate digital transformation, and the corresponding obligations to reassign affected employees cannot be overlooked.
Hong Guibin stated that even if the case meets the objective situation of significant changes and relevant clauses are applied to terminate the labor relationship, the enterprise must still fulfill the legal negotiation procedure, try to provide other positions, and promote the continuation of the labor contract after the change. From the perspective of judicial recognition, it is necessary to comprehensively analyze and judge the reasons and complete logic of job changes based on the enterprise's business, market situation, resettlement measures taken by the enterprise, and the original job content of employees. It is necessary to fully demonstrate the necessity and integrity of the disappearance of employees' original job content, as well as the legality of the layoff process. (Looking into the New Era)

Edit:Sun Kenan    Responsible editor:Chen Jie

Source:zqb.cyol.com

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号-4 Copyright © 2019 by www.outlooknewera.com.cn all rights reserved

>