Latest news with #ShanghaiGeneralTradeUnion
Mint
3 days ago
- Business
- Mint
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.
NDTV
4 days ago
- Business
- NDTV
Chinese Manager Sacked For Kissing Subordinate In Office, Court Rules In His Favour
A senior manager in eastern China, known as Lin, won a court case against his employer after being dismissed for kissing a female subordinate in the office. The court's final verdict was delivered in 2017, but the Shanghai General Trade Union only shared a summary of the case online on May 22 as part of a labour law education campaign. According to a report by the South China Morning Post, Lin worked as a production supervisor at a foreign shipping company in Qingdao, Shandong province. In May 2015, Lin was fired for breaching company policies through sexual harassment of a female employee, surnamed Shi, and misusing his authority for personal benefit. Surveillance footage captured Lin hugging and kissing Shi on the office stairs. The Shanghai trade union, which did not disclose the company's name, stated that Lin was accused of harassing Shi and granting her undeserved promotions. The marital statuses of both individuals were not revealed in the verdict. Lin denied the allegations and took his company to court, seeking reinstatement and compensation. The Qingdao court initially ruled that Lin's behaviour towards his subordinate, Shi, was inappropriate and violated the company's code of conduct, making his termination legal. However, upon appeal, the appellate court found that the company failed to provide evidence that Lin had personally benefited from his position, potentially impacting the case's outcome. The appellate court noted that the company's expectation of high moral standards was more of a guiding principle than a strict rule. As a result, the court ruled that an employee's adherence to moral standards shouldn't be a determining factor for dismissal. During the appeal, Shi testified that she had a positive relationship with Lin and denied any sexual harassment, threats, or intimidation by him. In February 2017, a higher court ruled that the company must rehire Lin and compensate him for the period of his dismissal, based on his annual salary of 1.13 million yuan (US$157,000). The case drew significant attention on mainland social media, sparking discussions about workplace boundaries and labour laws. One user remarked, "This case shows we need to better understand the law to protect our rights." Another questioned, "Why didn't the judges consider that their actions violate public order and good customs?"
