Comment: Ali female employees were dismissed, anti-sexual assault should rely on the law rather than saliva

Zhou Mou, an Ali female employee who was sexually assaulted, said that she had received a paper "Notice of Termination of Labor Contract" from the company at the end of November. The reason given is that, zhou mou spread false information such as "rape by executives and the company's knowledge and non-handling" by pulling banners in the company's canteen, distributing leaflets, shouting with loudspeakers, and posting on intranet forums, which has constituted a violation of the "Alibaba Group Employee Discipline System". Zhou Mou said: "I have not made any mistakes, I will definitely not accept this result, and I will use legal means to protect my rights and interests in the future." ”

Legally speaking, Article 39 of the Employment Contract Law clearly stipulates that "serious violation of the rules and regulations of the employer" is a statutory reason for terminating the labor contract. Since there is a requirement within the group to prohibit the publication of "improper speech", the company's dismissal of Zhou Mou is still in line with the legal requirements in form. The key is that whether Zhou's previous post was a "fictitious fact", and how should the legal reasons for accusing sexual assault in the workplace be handled?

Compared with the one-sided support of Zhou in August this year, this time the public opinion is almost one-sided rejection of Zhou, although the two sexual assault personnel accused by Zhou have been or are being dealt with by law: his colleague Wang Mouwen has been punished by 15 days of public security detention for indecency, while Zhang Mou of Shandong Hualian Supermarket has been arrested for suspected forced indecency, and the case is still in progress. However, Zhou's social image has shifted from encountering the unspoken rules of his boss, being drunk, being violated, and being treated as an oppressed person in a male-dominated workplace culture to a more controversial and ambiguous role.

It is also because there is a considerable gap between the previous rights protection actions, the accusation articles that brush the screen, and the facts investigated by the police. The indictment article is: the male leader uses his position to force him to travel, and the banquet turns over sexual harassment until he is drunk. As of now, the police investigation and the subsequent two "sexual assaulters" wives have spoken out, but found that Zhou's first police did not mention Zhang's sexual assault; the next morning, Zhou took the initiative to call Zhang to go to the hotel room and other plots.

There are still many details in this case that need to be investigated by the judicial authorities, and the public cannot harshly condemn the "perfect victim". However, since we chose to defend our rights online, we should show a sincere attitude, especially before the public gave Zhou a lot of solidarity, forming a huge pressure on Ali and the Jinan judicial organs. It is difficult to say that Zhou's rights protection is "not wrong" as he believes, as for Ali's "senior leaders at all levels rushing to come out and issue apologies", how many of them are forced by the pressure of saliva?

Previously, the public generally had a sympathetic attitude towards women, tacitly accusing the article to be true, and an online article could cause a frenzy of public opinion and push the parties and the company concerned to the cusp of the storm. However, many sexual assault incidents occur in a hidden space, in the case of all parties with different opinions, even if the judicial organs - themselves have the power of criminal investigation, can forcibly summon witnesses, collect evidence, the investigation still needs a relatively long process, expect to be able to find out at the first time, it is indeed difficult for some strong people.

In recent years, many brave women have come forward to tell about the sexual harassment and sexual discrimination encountered in the workplace, which has raised the awareness of the whole society to protect women's rights, but individual inappropriate reports or exaggerated rights protection behaviors have reduced the public's emotional identification with anti-sexual assault. For example, "Tsinghua Xuejie Society Death Gate", obviously just rubbed the body of the school bag but was put on the line, but wanted to kill the other party. Similar incidents have undoubtedly greatly consumed public sympathy for sexually assaulted people, forming a "wolf coming" effect.

Anti-workplace sexual assault should rely on the law, not salivation. Online rights protection is only to win greater social attention, but the premise is to talk about facts and laws, otherwise, it will encounter traffic reaction.

In the future, the public should stand on the side of the "egg" and the rational side of similar anti-workplace sexual assault complaints; both from the perspective of values to defend women's rights, but also from the perspective of the rule of law, leaving enough space for judicial investigation, not to replace the law with saliva, learn to pay attention, rather than take sides, let the bullet fly for a while.

(Originally titled "Ali female employees were dismissed, anti-sexual assault should rely on the law rather than saliva" author Ke Xian source Red Star News)