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   <br>Core Tip<br> <br>Employers often do not put in the workplace and other acts of sexual harassment of female subordinates to violate the provisions of labor discipline, labor contracts scenario. In real life, if this behavior is more serious and relevant circumstances, the employer could be criticized for harassment, demotion with pay reduction, up to expulsion or dismissal deal with it?<br> <br>Yesterday, the Chengdu Intermediate People's Court of the CRIC will Jintang County Court concluded one such case identified as an exemplary case released. City Court believes that employees in the workplace superiors, subordinates or colleagues and other sexual harassment, the employer may be considered a violation of labor discipline and rules and regulations of the behavior and visual severity of consequences, made the deal with. For similar cases in the future, the area should refer to the implementation of the court.<br> <br>Repeated sexual harassment of female subordinates company fired him<br> <br>Jintang court hearings to identify, since June 1995, the brother of a work in a unit of foreign companies. In January 2007, he went to the unit in Chengdu company,moncler sito ufficiale, and signed a labor contract for the biennium on April 1 that year, he served as maintenance supervisor. During the work, he repeatedly using provocative language, send photos over the network as well as yellow while the other is not pay attention to touch the buttocks, etc., to a female employee in the same office of repeated sexual harassment.<br> <br>After the brother of a company serving confirm that the above acts of the investigation, numerous experiences of finding him talk, education, but refused to accept a brother, refused to admit. August of that year, the company in accordance with the relevant provisions of its serious breach of discipline and the company's rules and regulations, and do not receive education on the grounds, which was dismissed.<br> <br>Court also found that the company's "employee incentive regulations,canada goose femme," although it is not sexual harassment and other acts defined as a specific case can be dismissed immediately. However,, there are other serious misconduct provisions not listed, if such an act is referred to as "personal conduct adverse consequences to the company, or damage to the interests of the company,, the company's tarnished image, or interviews corrected, still repeated serious misconduct. "<br> <br>He successfully sued the court dismissed the request of the company<br> <br>A brother, he said the company is the reason trumped its labor contracts. Was fired the following month, he applied for arbitration to the local arbitration committee,nike air max, but was ruled to maintain the company's dismissal decision.<br> <br>A brother of the prosecution to the court Jintang, please the court shall revoke the company's dismissal decision. Company parties argued that brother of a time and place of work, repeatedly sexually harassing female colleagues. Although the company repeatedly education to help, but he insisted on not admit mistakes, such behavior has seriously violated the basic ethical code of conduct, laws and regulations to protect the rights of women and employees of the Company incentive provisions. Not only violates the personal rights of female colleagues, but also seriously affect the company's image, it dismissed the legitimate right decision.<br> <br>Court of First Instance, a brother, as a corporate employee, shall comply with rules and regulations of state laws, regulations and employers, but as the company's maintenance supervisor, taking advantage of the power of the advantages, the implementation of the above-mentioned sexual harassment. This will not only physical and mental health of female colleagues and caused damage to reputation, and a serious violation of fundamental ethical code of conduct, the national women's rights-related laws and regulations and labor discipline rules and regulations,, the company's corporate image has also adversely affected, and refused to accept the education administration, refused to admit mistakes. The company made the decision to lift its labor contract, there is the fact that, in accordance with the laws and rules and regulations, according to the law should be supported, so in March last year dismissed a lawsuit requesting judgment brother law.<br> <br>Female victims falsely accused him of the possibility of small<br> <br>A brother appeal against verdicts.<br> <br>Chengdu Intermediate People's Court of Final Appeal that the victims of female colleagues in labor arbitration and the first instance, are to testify to the fact that a brother of his own sexual harassment. As a woman, the victim will not self-destruct Qingyu,, falsely accused him of the possibility of a smaller, more credible testimony of the victims. And the recording of information between the brother of a victim, although not available to verify the parent, but the sound recordings and the testimony of the victim of a combination, you can identify the existence of sexual harassment of female subordinates brother's behavior.<br> <br>Second trial found that the original verdict facts are clear,woolrich parka, correctly applies the law,Li was arrested in a hotel in Tangshan City, legal proceedings, dismissed the appeal of Final Appeal upheld the conviction.<br> <br>Judges say<br> <br>Rules prohibiting sexual harassment is a unit "of course content"<br> <br>Jintang court presiding judge hearing the case Liaowen Xiao said the reality of sexual harassment in the workplace caused by labor disputes are rare, how to identify sexual harassment in the workplace, assign the burden of proof, and the employer can dismiss this harassment, etc. It is hearing the case of difficulty, focus.<br> <br>Sexual harassment in the workplace, the act should take place in working hours, workplace, refers both to the regular working hours, including travel time, overtime; refers both to a fixed workplace, including assignment, traveling in transit, accommodation, work places. And there is the same unit of superior-subordinate relationship, the relationship between actors and colleagues bearer.<br> <br>"Prohibits sexual harassment in the workplace belong to regulations of the employer 'course content'." Liao said the judge of sexual harassment in the workplace, not only violated the universally recognized basic morality,he was not prepared to take advantage of the staff, but it is also a violation of human dignity and of a specific employee rights infringement. Objectively, also affects workers' morale, status and effectiveness, undermining the employment of workers normal environment, and disrupted the normal order of production. It seems that sexual harassment in the workplace, the employer is bound to affect the normal relations with employees,bsIp8nVyxD,nike tn pas cher, superiors and subordinates and colleagues, leading to the normal order of production a certain degree of disorder or chaos, reducing production efficiency.<br> <br>City Court case found that sexual harassment achieve serious and generally to comply with one of the following circumstances, combined with a comprehensive judgment relevant circumstances: long duration, harassment more often, people are harassed mental state, health and work and therefore was severely disrupted torture; other relevant circumstances, such as by reducing the social evaluation harassment, harassment was widespread dissemination. In addition, infringement caused due to sexual harassment, labor disputes, according to the law are not part of the law, judicial interpretation of the provisions of the burden of proof range. Taking into account the special nature of such cases,and seized accident vehicles., requiring evidence of legality in the burden of proof and standard of proof allocation should pay attention to, to relax the evidence legality requirements. Newspaper reporter Wang Xin Xin Dong<br><br>

   Posted 10 years ago #

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