In 2015, the head manager in Eastern China, identified as LIN, was released for the alleged hugging and kissing colleague Shi, Shi. His society claimed it was sexual harassment and abuse of authority. He used the CCTV shots as evidence for the manager of the manager.
Lin rejected the accusation and pulled the company to court. The first court supported the company and said LIN violated the rules of executive behavior. But Lin appealed.
Although this has been the case since 2017, the summary has now been published by Shanghai General Expert Union during a campaign of work law awareness. It was not published why it took so long to give details of the case.
The alleged victim of the case spoke in favor of LIN. Shi told the court that they were sharing a good relationship and Lin had never worried much.
The Higher Court ruled in favor of Lin and said that the company had to correct it and pay compensation for its lost salary. Lin’s annual salary was £1.34 crore (1.13 million yuan) per year. The court accepted that the law was not harassment.
The Higher Court stated that the company had no evidence that Lin had gained a personal advantage from its position. He also noted that the company’s challenge was not an official rule after high moral standards. He drove that Lin’s fire was not legally justified.
The company’s name was not revealed during the release. The family status also remains unknown.
What if it happened in India?
If it happened in India the case like LIN, it would be treated differently. In India, such matters are governed by the luxury law (2013), which ensures fair internal investigation before the acceptance of any action.
The company must include an internal complaint committee (ICC). It cannot take steps separately, as in China.
If a woman says that an act was not a harassment or abuse of power, the ICC may conclude this case without punishment. However, this act can still be considered unprofessional in the Indian conservative work culture.
Public affection, albeit friendly, can attract criticism. If the man was incorrectly rejected, he could have a decision in court. Compensation or renewal is possible. However, such cases often last for years in India.
Trade unions can support employees. However, their influence is weaker in the private sector.
(Tagstotranslate) Posh Act
