Sexual harassment in the workplace means that a person is molested or teased by the opposite sex at work, resulting in psychological harm. According to a small survey of young working women in first-tier cities, more than 70% of respondents have experienced workplace sexual harassment. Another survey showed that after the occurrence of sexual harassment, less than 20% chose to report to the police and defend their rights according to the law, and 54.4% chose to forbearance.
The boss often sexual harassment, female assistant for the rights secret evidence
this year, 29-year-old Tang Jing Chengdu is a beautiful girl, in April 2018 the entry of a trading company in Chengdu.
The commerce company is mainly engaged in e-commerce, and Tang Jing is the assistant of the boss Yang Haitao. A few days after joining the company, Yang Haitao offered to rent a house for Tang Jing near the company. In a three-bedroom apartment, Tang Jing lives in the master bedroom and bears one-third of the rent. The other two bedrooms are used as the company’s warehouse to store the company’s inventory, and the company bears two-thirds of the rent. Yang Haitao and Tang Jing both have keys to the room. Tang Jing realized later that the boss had been ill-intentioned towards her at that time and began to make arrangements.
As an assistant, Tang Jing has more contacts with Yang Haitao. One day, Yang Haitao worked late at Tang Jing’s residence, and asked her to have supper when she got off work. After eating, Yang Haitao used Jiujin to wrap Tang Jing’s shoulders with his arms, but talked with her seriously about work. Tang Jing was a little confused, and cleverly avoided Yang Haitao’s arm. But after a while, Yang Haitao put his hands on Tang Jing’s waist and kneaded again. Tang Jing can be sure that the boss’s actions surpassed the normal colleague relationship, but thinking about the difficulty of finding a job, she chose to remain silent. Fortunately, Yang Haitao did not act more excessively.
After the long Chinese New Year holiday in 2019, just a few days after going to work, Yang Haitao called Tang Jing to the office and said that she would be transferred to a customer service position and her salary would be reduced by one level. Tang Jing disagreed on the spot. Yang Haitao became impatient: “You go out first. I will go to the warehouse to find you after get off work. Let’s discuss it in depth.” The warehouse is Tang Jing’s residence.
That night, Yang Haitao carried a pack of snacks and came to Tang Jing with a smile. After he sat down on the sofa next to Tang Jing, he patted the back of her hand and said softly: “Whether the job is transferred, whether the salary is increased or decreased, the initiative is in your hands.”
Tang Jing was surprised: “Why is it with me? Hand?” He withdrew his hand as he said.
”Yes, in your hands, as long as you are obedient…” Yang Haitao said with a sincere expression.
Tang Jing foreseeed what the boss would say next, and hurriedly said: “I think about it. It’s too late today, please go back!”
In fact, the saying about the boss’s lust is no longer a secret in the company. Tang Jing’s last appointment was due to Yang Haitao’s sexual harassment and resignation. Employees of the company, not young girls, were teased or even kissed and hugged by Yang Haitao. Some chose to leave and some chose to forbear. But Tang Jing did not want to be a silent lamb and decided to collect evidence secretly to protect her rights.
Difficult to obtain evidence and turned into a defendant. The boss counterclaimed that secretly recording and video recording violated his privacy.
After work on March 4, 2019, Tang Jing went to the Computer City to buy a recordable bracelet and a video-only anklet.
On the morning of March 5th, Tang Jing pretended to think about it and asked Yang Haitao for an interview. Due to other colleagues in the warehouse, Yang Haitao asked Tang Jing to go to his house, and Tang Jing put on a bracelet and ankle ring and arrived as scheduled.
”How about it, Xiao Tang, have you considered it?” As soon as they met, Yang Haitao smiled and offered Tang Jing a cup of coffee.
Tang Jing expressed two wishes straightforwardly: she doesn’t want a salary cut and can only maintain a working relationship with her boss.
Yang Haitao heard it and said, “If you don’t talk about feelings, your work status is worth five or six thousand. What’s wrong with talking about feelings? Not only can the salary be tens of thousands, but the rent can also be reimbursed. I have the final say.” He took her shoulders and shook gently: “Women
behave , this is your advantage…” In order to obtain evidence, Tang Jingqiang resisted the nausea and did not hide. Yang Haitao began to take further action and murmured: “Don’t worry, I won’t hurt you, and I won’t make you pregnant… Why do women come out to work? Just to make money! Have love for your leadership… Money will continue to flow. …This is an unspoken rule…”
Tang Jing couldn’t bear it anymore, and jumped up with a scream, and rushed out of Yang Haitao’s house as if to escape.
Two minutes later, Yang Haitao called: “Xiao Tang, it seems that you haven’t thought about it. It doesn’t matter… You come back after you think about it, I’ll wait for your call at any time, good…”
The above content was all recorded by electronic equipment.
At work in the afternoon, Tang Jing told her female colleague Kang Yiran what had happened in the morning and asked her for help.
That night, Tang Jing called Yang Haitao, and Yang Haitao drove to Tang Jing’s residence to pick her up. On the way, Tang Jing secretly sent a WeChat message to Kang Yiran to inform her whereabouts, and asked her: “If I haven’t contacted you for a long time, you will call the police.”
Tang Jing went to Yang Haitao again because she wanted to collect evidence, and she was right. Yang Haitao still has illusions. It’s hard to find a job, and the company holds her credentials and two months’ salary again. She doesn’t want to tear her face apart. She thought about it. If Yang Haitao insisted on “hidden rules”, she would resign.
As soon as he arrived at Yang Haitao’s house, Tang Jing’s work cell phone and personal cell phone were “custodialized” by Yang Haitao and turned off.
Tang Jing almost begged: “Mr. Yang, I just don’t want to be unemployed.”
Yang Haitao looked amiable: “Xiao Tang, it’s up to me to decide whether to be unemployed or not. The initiative is in your hands…Come on, have a drink. Red wine, let’s not talk about work, relax.” As he said, he closed the curtains and played a pornographic CD that he had prepared in advance. But because I am not familiar with the recording equipment, I don’t know whether I touched the power off button of the bracelet or the equipment is out of power. What happened afterwards was not recorded. According to Tang Jing’s statement in court, Yang Haitao had sex with her through Jiu Jinyu, and she cried out for help and evaded. Because she was wearing a sweater and jeans, the other party failed. After that, the two calmed down for about 20 minutes. Tang Jing wanted to return her mobile phone and turned on the phone and called an online taxi. Kang Yiran called. Tang Jing was afraid of Yang Haitao’s suspicion. She pretended to be answering the call of the online car-hailing driver, and ran away from the place of right and wrong while answering the phone.
Kang Yiran suggested that Tang Jing call the police immediately. Tang Jing considered it twice and decided to slow down first. However, she was completely disappointed with Yang Haitao and applied for resignation the next day.
On March 15, 2019, Tang Jing completed the resignation formalities, asked for her credentials, and demanded the salary she deserved, and immediately reported to the local police station. However, since nearly ten days have passed since the incident, the audio recording she provided could not prove that she was forcibly molested, and the police did not open the case.
Immediately, Tang Jing and several former employees of trading companies jointly reported Yang Haitao’s sexual harassment, which attracted the attention of the Sichuan Women’s Federation. The Provincial Women’s Federation contacted a legal aid lawyer for her and filed a civil lawsuit against Yang Haitao and his company.
But Yang Haitao also sued the court, claiming that Tang Jing’s secret recording behavior violated his privacy.
In fact, Tang Jing’s record of her boss’s sexual harassment evidence was not illegal, but was praised by legal experts. Legal experts believe that the privacy rights of parties to illegal acts are strictly restricted. In order to protect their legitimate rights and interests, the victim collects evidence for illegal acts. As long as it does not infringe a third party, the right to collect evidence can completely counter the privacy of the offender.
In view of the above reasons, Yang Haitao’s case against Tang Jing for infringement soon ended in his loss. However, the case of Tang Jing suing Yang Haitao for sexual harassment is not that simple.
After more than 670 days, he finally won the lawsuit, but only received a compensation of 10,000 yuan for mental damage. Safeguarding rights according to the law is so difficult, what should women in the workplace do?
With the help of a lawyer, Tang Jing took Yang Haitao and his company to court. Tang Jing believes that Yang Haitao used his power to sexually harass her and caused psychological harm, and he should be liable for tort damages. As an employer, a certain commerce and trade company in Chengdu not only failed to fulfill its statutory obligation of “should prevent and stop sexual harassment of female employees” in accordance with the law. Mental damage and limited work ability shall be jointly and severally liable for compensation.
But in the next court hearings, Yang Haitao had “new” evidence to justify himself. At first, he said that he was a boyfriend and girlfriend with Tang Jing. The evidence was that he had Tang Jing’s door key, and Tang Jing also invited him to watch a movie.
Tang Jing admitted that she had invited Yang Haitao to watch the movie, but argued that Yang Haitao invited her to dinner shortly after she joined the company at that time, in order to express her gratitude to her and invited Yang Haitao to watch the movie. But just after watching a movie, she contacted her boyfriend shortly after the show, and there was chat history as evidence. As for Yang Haitao’s key to her house, it’s because her residence is also the company’s warehouse. She and the company rented it together. Yang Haitao had the key since the company rented the house.
Yang Haitao also used WeChat transfer records as “evidence”, saying that he and Tang Jing had money exchanges beyond the working relationship. In this regard, Tang Jing argued that the salary agreed upon in her contract with the company was only 2,000 yuan, and the performance salary was usually transferred by the boss to WeChat privately. Other employees of the company were also paid by Yang Haitao through WeChat transfer.
The so-called evidence was refuted one by one. Yang Haitao also claimed that Tang Jing deliberately framed him on the grounds that she “premeditatedly recorded him”, and so on.
In short, Yang Haitao has never admitted to sexual harassment of Tang Jing. It was delayed until May 7, 2021, when the court opened its sixth session, and the case finally had a first instance result. On July 30, the court made a first-instance judgment: the defendant constituted workplace sexual harassment and compensated the plaintiff for mental damages of 10,000 yuan.
After more than 670 days, Tang Jing finally won the case, but from the point of view that the compensation amount was only 10,000 yuan and the company was not found to be jointly and severally liable, her victory can only be said to be a tragic victory.
So why is there such a result? The reasons are nothing more than the following:
1. Whether there is sexual harassment, it often depends on the subjective feelings of the parties, and it is difficult to define it. Sexual harassment is mostly a subjective feeling of the victim, lacking an objective and clear basis for judgment. This not only provides the perpetrator with space for sophistry, but also makes it difficult for the judge to judge.
2. Evidence is difficult to obtain and fix, which makes it difficult for victims to prosecute. Sexual harassment in the workplace often occurs when the victim is not paying attention. When the victim realizes that he has been sexually harassed, the harassment has ended, and sexual harassment is only verbal or physical contact. Fixed tangible evidence. Without evidence, it is difficult to obtain support from a judge, or even to file a case.
3. The perpetrator deliberately pretends to confuse the public. Cunning perpetrators, such as the defendant Yang Haitao in this case, said for a while that he and Tang Jing were boy and girl friends, and then said that there was a money exchange between them that went beyond the working relationship. It meant that Tang Jing had a wealthy transaction with him, even The claim that Tang Jing deliberately framed him fully shows that he had anticipated unfavorable results before committing sexual harassment and made arrangements in advance, such as renting a house for Tang Jing and keeping a key, and letting Tang Jing ask him to watch a movie with a WeChat account. Paying wages by transfer is a trick to confuse the audience, which will increase the difficulty of the judge’s judgment and create obstacles to the trial and judgment.
Under the existing legal framework, female friends who have encountered sexual harassment in the workplace want to better protect their rights, and they can only think of ways on their own.
Finding allies If you find that your boss is suspected of sexual harassment, you can search for victims from current colleagues or former employees of the company and form an alliance to fight back against criminals.
Pay attention to collecting and retaining evidence. If you are sexually harassed, you should not remain silent, and you must respond in a timely manner, such as deliberately raising your voice or yelling, to attract the attention of colleagues, so that colleagues can testify to each other. In addition, audio and video recordings and various online chat records are also strong evidence.
In today’s society, job-hopping is a common phenomenon. I hope that the majority of female friends will not swallow sexual harassment because they are worried about losing their jobs, but should bravely and tactfully fight against this evil phenomenon.