The supervisor ignored the sexually harassed female employee and asked for help and was dismissed from the court: I should resign, I can resign

　　China News Service, April 22 (Reporter Li Shuzheng) Just after entering the job, he encountered sexual harassment in the workplace by big leaders.

In desperation, the female employee asked the supervisor for help. The supervisor not only did not act, but also proposed to the personnel department to expel the female employee.

The company fired its supervisor on the grounds of serious disciplinary violations after learning the facts.

The supervisor refused to accept and demanded that the company pay compensation for the illegal termination of the labor contract.

So, should the supervisor resign?

Can you quit?

　　Shanghai No. 1 Intermediate People’s Court (hereinafter referred to as Shanghai No. 1 Intermediate People’s Court) publicly sentenced this labor contract dispute case on the 22nd. The second instance found that the company’s dissolution of the labor contract was based on sufficient grounds and did not constitute illegal dissolution, and there was no need to bear the illegal dissolution of the labor contract. Compensation, and based on this, the original judgment was upheld and the appeal was rejected.

Subordinates suffered sexual harassment but I don't want to help her

　　On September 28, 2017, Xiaoling formally joined the Dahl Company. Wang is now her department head and Ding Sheng is Wang Xian’s superior.

　　On the first day of employment, Xiaoling encountered sexual harassment in the workplace, and the leader Ding Sheng sent her many ambiguous WeChat messages.

That night, Xiaoling couldn't sleep until she finally decided to speak bravely.

The next day, Xiaoling sent a screenshot of the ambiguous WeChat account to her supervisor Wang Xian, asking how to deal with it.

Wang Xian only replied with a smiling face.

Xiaoling didn't understand, so she continued to ask, but Wang Xian was always avoiding it and did not reply directly.

　　After that, Xiaoling and Ding Sheng tried their best to keep their distance, and refused to have lunch with Ding Sheng and Wang Xian.

On August 30, 2018, Wang Xian interviewed Xiaoling and asked why Xiaoling had an abnormal degree of Ding’s ecology, and Xiaoling recorded it.

　　Xiaoling mentioned the WeChat screenshots she showed to Wang Xian when she first started. Wang Xian said that she "just didn't want to mix this matter" and "I didn't want to answer your questions later."

　　Xiaoling then told Wang Xian, "Ding Sheng called me to the office and asked if I could develop a relationship with her. I clearly rejected him, and he continued to harass me. I think this is no longer possible. Any misunderstanding is sexual harassment."

　　Wang Xian thought, "The more you hold, the more he thinks I want to treat you." In addition, he said, "If he is so direct, if he is mine, he will get close to you first, touch it, and then chat."

　　Wang Xian not only failed to take positive measures for Xiaoling’s help, but in mid-November 2018, on the grounds that Xiaoling’s work performance was not up to standard and was not gregarious, he consulted with the HR manager and hoped to terminate Xiaoling’s labor contract. The HR manager believed that Xiaoling's behavior did not meet the conditions for terminating the labor contract, so she refused Wang Xian.

Standing by, misrepresenting the supervisor was fired from the company

　　At the same time, the personnel department asked Xiaoling about the work situation. After learning about the incident, Xiaoling was furious, thinking that Wang Xian not only did not help herself, but also retaliated, so she informed the personnel department of the causes and consequences in detail. Later, Dahl launched an internal formal investigation into Ding Sheng. .

On January 31, 2019, the investigation was concluded, and it was concluded that Ding Sheng violated the company's regulations and should be terminated immediately.

After Ding Sheng was notified of the investigation conclusion, he resigned on the same day.

　　On the same day, Dahl issued a "Unilateral Dismissal Letter", stating that Wang Xian had not fulfilled his duties as a manager. After his subordinates reported that he had been harassed by his superiors, he did not take any measures to help him stop being harassed. Instead, he attacked his subordinates. Retaliation and making false statements on the above facts during the investigation has seriously violated the "Employee Handbook" and the "Code of Business Conduct", so the labor contract will be terminated immediately.

　　Wang Xian was dissatisfied and applied for labor arbitration, demanding that Dahl Company pay more than 360,000 yuan in compensation for the illegal termination of the labor contract.

The arbitration was not supported.

Wang Xian sued the court again.

　　After the trial, the court of first instance held that, according to the law, if the employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract.

Therefore, there was nothing wrong with the company's termination of the labor contract with Wang Xian in accordance with the "Employee Handbook" and "Code of Business Conduct". The court of first instance accepted it and rejected Wang Xian's lawsuit requesting the company to pay compensation for the illegal termination of the labor contract.

　　Wang Xian refused to accept and appealed to Shanghai No. 1 Intermediate Court.

Court: This kind of supervisor should resign, and can resign!

　　Wang Xian believes that the "Employee Handbook" and the "Code of Business Conduct" have not been formulated by democratic procedures, and there are no serious violations of discipline that are sufficient to terminate the labor contract. Dahl Company constitutes an illegal termination.

　　After the trial, the Shanghai No. 1 Intermediate People's Court held that the focus of the dispute in this case was whether Dahl's "unilateral termination letter" issued to terminate the labor contract with Wang Xian constituted an illegal termination.

　　In this regard, Shanghai No. 1 Intermediate People's Court believes:

　　One, the evidence in the case shows that the company’s "Employee Handbook" and "Code of Business Conduct" for which Wang Xian disagrees were discussed and approved by the company's labor union.

The labor contract signed between Wang Xian and the company clearly stipulates that the "Employee Handbook" and the "Code of Business Conduct" are part of the labor contract. Wang has now read, understood and accepted the above system.

"Employee Handbook" and "Code of Business Conduct" are binding on Wang Xian.

　　Secondly, Wang Xian said that Xiaoling did not provide actual evidence of the harassment, and she could not judge the authenticity, right or wrong of the harassment. However, according to Wang Xian’s comments in the telephone recording on August 30, 2018, Wang Xian himself also I don't think that the relevant WeChat content is a normal communication between colleagues, and Wang now Xiaoling repeatedly emphasized that when Ding Sheng had been harassing her, she had not responded actively to help solve it.

Wang Xian's behavior is obviously contrary to his duties as a supervisor, and the content of his related answers is also contrary to public order and good customs.

　　According to Wang Xian’s self-report, he should be aware of the reasons for the bad relationship between Xiaoling and Ding Sheng. However, Wang Xian not only did not take positive measures, but instead believed that Xiaoling was out of gregariousness. He also consulted with the personnel and hoped to terminate Xiaoling’s labor contract. The company's claim that Wang Xian retaliated against Xiaoling is also a reasonable inference.

　　Four items, the survey transcript provided by the company shows that Wang has revised many questions in the survey transcript during the investigation process. Wang Xian asked, "Have any female employees reported to you that Ding Sheng said something inappropriate to her? The answer of "no" is also not true.

Wang Xian did have false statements.

　　In summary, the Shanghai No. 1 Intermediate People's Court believes that Dahl's claim that Wang Xian has committed serious violations of discipline has sufficient grounds and that Dahl's termination of Wang Xian's labor contract does not constitute illegal termination.

The Shanghai No. 1 Intermediate Court rejected the appeal and upheld the original verdict.

(The names of the persons and companies involved in the text are all aliases) (End)