Sexual harassment at workplace? Court says no, asks company to rehire manager who got fired for kissing female colleague
A senior manager in eastern China, identified as Lin, was fired in 2015 for allegedly hugging and kissing a female colleague, Shi, on the office stairs. His company claimed it was sexual harassment and misuse of authority. It used CCTV footage as proof to fire the senior manager.
Lin denied the charges and dragged the company to court. The first court supported the company, saying Lin broke executive conduct rules. However, Lin appealed.
While the case is from 2017, the summary has now been released by the Shanghai General Trade Union during a labour law awareness campaign. It has not been disclosed why it took such a long time to release the case details.
The alleged victim of the case spoke in Lin's favour. Shi told the court they used to share a good relationship and Lin never misused power.
A higher court ruled in Lin's favour, saying the company must rehire him and pay compensation for his lost salary. Lin's annual salary was ₹ 1.34 crore (1.13 million yuan) per year. The court accepted that the act wasn't harassment.
The higher court said the company gave no proof that Lin had gained personal benefits from his position. Also, it noted that the company's call for high moral standards was not an official rule. It ruled Lin's firing was not legally justified.
The company's name was not revealed during the release of the summary. The marital status of those involved remains unknown as well.
If a case like Lin's happened in India, it would be handled differently. In India, such matters are guided by the POSH Act (2013), which ensures a fair internal investigation before any action is taken.
The company must involve an Internal Complaints Committee (ICC). It cannot take action on its own, like in China.
If the woman says the act was not harassment or misuse of power, the ICC may close the case without punishment. However, the act could still be seen as unprofessional in India's conservative work culture.
Public affection, even if friendly, may attract criticism. If the man were wrongly dismissed, he could challenge the decision in court. Compensation or reinstatement is possible. However, such cases often take years in India.
Trade unions may support the employee. But, their influence is weaker in the private sector.
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