Male supervisor of sexual harassment female subordinates were dismissed lawsuit against the company were dismissed
core Tips
employers often do not have to subordinate women in the workplace sexual harassment and other acts of violation of provisions of labor discipline, terminate the labor contract situation. In real life, if this behavior is more serious and relevant circumstances, the employer who can be criticized on the harassment, demotion with pay reduction, up to expulsion or dismissal be handled?
Yesterday, the Chengdu Intermediate Court of the CRIC will Jintang County Court heard a case identified as a model for such cases made public. City Court that the employees in the workplace supervisors, subordinates or colleagues such as sexual harassment, the employer may be considered a violation of labor discipline and rules of behavior, and visual severity of consequences, made the deal. Similar future cases, district courts should refer to the Executive.
several women of sexual harassment subsidiary of firing him
Jintang court hearings to identify, in June 1995, the brother of a foreign company in a work unit. January 2007, he went to Chengdu, the company unit, and on April 1 that year labor contract signed for the biennium, any maintenance supervisor. In the work, he repeatedly used language provocative, photographs, and sent over the network while the other is yellow and not pay attention to touch the buttocks, etc., on the same office several times a female employee of sexual harassment.
brother worked in a company investigation confirmed that the above acts, the Duo Cizhao talk to him, education, but refused to accept a brother, refused to admit their mistakes. Year in August, the company in accordance with relevant provisions, with its serious violation of discipline and the company's rules and regulations, and do not receive education grounds to dismiss.
court also found that the company's "employee incentive Regulations" has not yet acts of sexual harassment provisions of the specific circumstances of immediate dismissal. However, the provisions of any other serious disciplinary offenses are not enumerated, and such behavior is that "personal conduct adverse to the company's Houguo, or damage to corporate interests, the company in the damage, or interviews Jiuzheng, still a serious Duocizhongfu disciplinary actions. "
he successfully sued the court rejected the request of the company
a brother, said the reason the company is unwarranted terminate their labor contracts. Dismissed the following month, he applied for arbitration to the local arbitration committee, but was ruled to maintain the company's dismissal decision.
brother Jintang a prosecution to court, requested the Court to revoke the company's dismissal decision according to law. Company parties argued that brother of a time and place of work, many of the sexual harassment of female colleagues. Although many education companies, to help, but he insists on not admit mistakes, such behavior has seriously violated the basic moral code of conduct to protect women's rights laws and regulations and the Company staff Reward and Punishment Regulations. Not only infringes upon the personal rights of female colleagues, but also seriously affect the company's image, it dismissed the legal right decision.
Court of First Instance that the brother of a staff as the company shall comply with state laws, regulations and rules and regulations of the employer, but its use as the company's maintenance supervisor has the power advantages, the implementation of the sexual harassment. This will not only physical and mental health of female colleagues and the prestige of the damage, and serious violations of basic ethical code of conduct, state protects women's rights and interests of relevant laws and regulations and Gongsi of labor discipline rules and regulations, on the company's corporate image has also caused adverse Ying Xiang, and refused to accept the education and management, refused to recognize the error. To lift the company's relationship with the decision of the labor contract, there is the fact that the rules and regulations based on law and the law should be supported, so in March last year, according to a lawsuit ruling rejected the request brother.
victim falsely accused him of the possibility of small
sentence had been dissatisfied after the appeal of a brother.
Chengdu Intermediate Court of Final Appeal that the victims of female colleagues in the labor arbitration, and the first instance, both brothers appear in court to prove their sexual harassment of a fact. As a woman, the victim will not be self-destructive way and less likely to falsely accuse him, the victim's testimony more credible. And brother and the victim of a sound recording, although not between the female parent for verification, but the recording data and the testimony of the victims of the combination, can be found there brother acts of sexual harassment, female subordinates.
second trial found that the original verdict facts clearly, correctly applies the law, legal proceedings, upheld the Court of Final Appeal dismissed.
judges say
the rules and regulations prohibiting sexual harassment is "of course content"
Jintang court case the presiding judge Liao Wenxiao that reality in the workplace sexual harassment caused by labor disputes are rare, how to identify sexual harassment in the workplace, the distribution of burden of proof, and the employer can dismiss this harassment, etc., is the difficulty hearing the case, the focus of the problem.
sexual harassment in the workplace, the act should occur in the working time, place, both a regular work hours, including travel period, the overtime hours; both a fixed place of work, including assignment, travel in transit, accommodation, workplace and so on. And there are actors and bear the same unit, a hierarchical relationship, relationship between colleagues.
"prohibits sexual harassment in the workplace is the employer rules and regulations of the 'course content'." Liao said the judge, sexual harassment in the workplace, not only violated the universally recognized basic morality, but it is also a violation of a specific Staff personal dignity and sexual rights violations. Objectively, also affected the morale of workers, state and effect, undermined the normal working environment of workers and disrupted the normal order of production. In view of this, sexual harassment in the workplace, inevitably affects the normal employers and employees, superiors and subordinates and colleagues relations, leading to normal production and working order of degree of disorder or chaos, to reduce production efficiency.
City Court case found that sexual harassment to the circumstances are serious, one of the following situations should normally be combined with comprehensive determine relevant circumstances: long duration, harassment more often, people are harassed state of mind, physical and mental health and work interference and therefore severely tortured; other relevant circumstances, such as the harassed person's social assessment reduced, harassment and so widely spread. In addition, sexual harassment caused by tort, labor dispute cases, according to the law is not law, judicial interpretation of the burden of proof under the scope. Taking into account the special nature of such cases, the legitimacy of the evidence required, the burden of proof allocation and standard of proof should note that the legality of evidence required to relax. Wang Xin Dong Xin reporter
