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US tech giants are laying off employees to spend on AI, China says it’s illegal over here

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There’s a particular cruelty to Zhou’s situation that I keep coming back to. The man spent his working days talking to AI — testing it, correcting it, making it smarter — and then watched that same technology hand his employer the excuse to show him the door. His company, a Hangzhou tech firm, replaced him with the large language models he was paid to supervise, offered him a lesser role with a 40% salary cut, and terminated his contract when he refused to swallow it. A court just told them that it was illegal twice.

What US companies are doing openly, Chinese courts are now blocking

The pattern in American tech has been hard to miss. Companies announce sweeping AI investments, then lay off workers in the same breath or in the same quarter. The message is rarely subtle: we’re automating this, and you’re the cost savings that fund it. Meta, Microsoft, Google — the list of companies simultaneously cutting headcount and pouring billions into AI infrastructure keeps growing. The logic is treated as self-evident. AI is the future, humans are overhead, and the market rewards the transition.

Chinese courts, at least in a handful of cases now, are pushing back on that logic directly. The Hangzhou Intermediate People’s Court ruled that AI disruption to a role does not, in itself, meet the legal threshold for termination. A Beijing arbitration panel said something similar last year, when a data-mapping worker was let go after his company switched to AI: adopting a new technology is a business decision, not an uncontrollable event. You don’t get to treat your own strategic choice like a natural disaster and hand the employee the bill. The alternative position Zhou was offered — same company, 40% less pay — was also found unreasonable by the court. So it wasn’t just the dismissal that was unlawful. The entire offboarding was.

Someone has to pay for automation, and right now it’s always the worker

Who pays for automation? That’s what these cases are actually about, stripped of the legal language. When a company decides to replace a human function with software, that decision generates savings, efficiencies, and — in the current climate — a bump in investor sentiment. The human whose role just disappeared gets a severance package if they’re lucky, a restructuring memo if they’re not.

The implicit argument companies make is that the job no longer exists, so the contract is effectively void. It sounds almost reasonable until you sit with it. The job didn’t disappear on its own. Someone made a call in a boardroom, ran the numbers, and concluded the technology was cheaper. That’s a choice with consequences, and the Hangzhou ruling says those consequences can’t be quietly offloaded onto the person who used to do the work.

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China is not exactly a model for labor rights in the broader sense. And the central government is simultaneously pushing industries to adopt AI more aggressively than anywhere else in the world. The tension between that top-down mandate and courts protecting workers from its fallout is unresolved and, honestly, fascinating. Zhou’s 300,000 yuan salary is gone. But the argument he took to court — that his employer used AI as a pretext, not a reason — is alive, and it’s one that workers in many other countries might soon want to borrow.

Shimul Sood
Shimul is a contributor at Digital Trends, with over five years of experience in the tech space.
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