Zheng, a sales manager at Company A, was involved in a situation concerning workplace sexual harassment. The company had established policies and mechanisms to prevent such incidents, and Zheng had received relevant training. The “Code of Conduct” and the “Employee Handbook” of Company A emphasized the importance of creating a safe and non-retaliatory work environment, with clear disciplinary consequences for violations.
However, when a subordinate named Amy reported sexual harassment from her supervisor, Mike, Zheng chose not to get involved, stating, “I just don’t want to get involved in this.” Later, during a conversation with Amy, Zheng failed to address her complaints adequately and instead blamed her for the strained relationship with her colleague, Mike. Furthermore, Zheng requested the HR to terminate Amy’s labor contract without providing a valid explanation, which led to her suffering retaliation.
Following an investigation, Company A terminated Zheng’s employment due to his failure to fulfill his managerial duties, including supporting subordinates who reported harassment and making false statements during the investigation process.
Zheng filed for labor arbitration, seeking compensation for the termination of his contract. However, his request was rejected by the Labor Arbitration Committee and the court.
The court ruled in favor of Company A, highlighting that Zheng had signed a labor contract acknowledging the internal regulations and had a responsibility to uphold them. Additionally, the court found that Zheng’s actions, as supported by evidence including recorded conversations, demonstrated his failure to respond adequately to Amy’s complaints and his involvement in facilitating the harassment. As a result, the court concluded that the termination of Zheng’s contract was justified.
* Takeaway Message:
This case emphasizes the importance of employers taking reasonable measures to address complaints of workplace sexual harassment. If management personnel fail to respond appropriately or engage in conduct condoning harassment, and the employer terminates their contract for serious violations, the court is unlikely to consider the termination as illegal. ( You may
* Suggestions:
To effectively prevent workplace sexual harassment, employers should consider the following measures:
1.Refine internal regulations
Clearly define sexual harassment as a serious violation and establish grounds for terminating contracts based on such behavior.
2. Clarify management personnel responsibilities
Clearly outline the job responsibilities of management personnel regarding handling reports of sexual harassment, conducting investigations, and prohibiting retaliation.
3. Education and training
Conduct regular education and training sessions to raise awareness among employees about the company’s policies on sexual harassment prevention and treatment.
4. Establish a complaint channel
Create a dedicated institution or committee to receive and process complaints of workplace sexual harassment, providing employees with accessible channels to report incidents.
* Employees should also take steps to protect themselves: (For more information, you may check our previous post: Female employee rights in China )
- Preserve evidence
Safeguard evidence of harassment, such as audio recordings, video recordings, or chat records.
- Timely and comprehensive reporting
Report incidents of harassment promptly and provide detailed information to the employer.
By implementing preventive measures and promoting a supportive workplace culture, employers can effectively address and prevent workplace sexual harassment, ensuring a safe and respectful environment for all employees.
