According to media reports, the party Ms. Zhou claimed that she received a paper "Notice of Termination of Labor Contract" from the company at the end of November, and the company believed that Zhou spread false information such as "being raped by executives and the company did not handle it knowingly", which had a bad impact on the company. Zhou Mou said: "I did not make any mistakes, and I definitely do not accept this result." ” Ms. Zhou told the Red Star News reporter that in addition to Wang Mouwen being sentenced to the highest administrative punishment, Zhang Mou's case has also been handed over to the court by the procuratorate, "and in addition to the crime of forced indecency, the crime of insult has also been added, which is also considered to have made some stage progress." ” Ms. Zhou's agent, Mr. Du Peng of Beijing Zhongkai (Shanghai) Law Firm, also told Red Star News that Ms. Zhou did not approve of the company's "termination of the labor contract" and would protect her legitimate rights and interests in accordance with the law.
Notice of termination of employment contract, courtesy of the interviewee
Party Zhou:
I didn't make any mistakes and didn't accept the result
According to the Dahe News, Zhou repeatedly asked the company about leave arrangements and submitted leave materials in November. On November 25, it received an email from the company announcing the termination of the employment contract with Zhou, and on November 28, it received a paper termination document. The payroll was paid until 25 November and no compensation or compensation was received.
According to the "Notice of Termination of Labor Contract" paid for Zhejiang Tmall Technology Co., Ltd., because Zhou Mou pulled banners in the company's canteen, distributed leaflets, shouted with a loudspeaker, and posted on intranet forums, he spread false information such as "being raped by executives and not handling the company's knowledge", which aroused strong social concern and caused a bad impact on the company. This series of acts has constituted article 1.5.3 of the Alibaba Group Employee Discipline System, which stipulates that "publishing or disseminating inappropriate remarks to the outside world, or deliberately fabricating or disseminating fictitious facts, or disseminating unverified information, causing a bad impact".
Zhou Mou believes that whether she is privately looking for leaders to deal with it, or complaining about fruitless rights protection in the canteen, or publishing articles on Ali's intranet, she is giving feedback on Ali's internal problems and has never been disseminated to the outside world. She also never gave any media interviews after the incident fermented. The reason why the problem is fermented is due to the bad behavior of the perpetrator, which is caused by the inaction of the relevant personnel of the company, and it is not the fault of the victim.
Zhou Mou said that the case is still under trial, but he has waited for a dismissal letter from the company, "I have not made any mistakes, I definitely do not accept this result, and I will use legal means to protect my rights and interests in the future." ”
Ms. Zhou told Red Star News: "Although in the past few months, there have been various voices on social media, and there are countless insults and insults, but fortunately I have persevered." But what is gratifying is that in addition to Wang Mouwen being sentenced to the highest administrative punishment, Zhang Mou's case has also been handed over to the court by the procuratorate, and in addition to the crime of forced indecency, the crime of insult has also been added, which can also be regarded as some stage progress. ”
Screenshot of Zhou's communication with the company on vacation. Courtesy of respondents
lawyer:
It cannot be proved that the woman "spread false information"
The "bad influence" is not the woman's fault
Lawyer Du Peng told Red Star News that according to the relevant provisions of the Labor Contract Law, any company has the right to terminate the labor contract with the employee, but it must be terminated according to law, otherwise, it must bear relevant legal responsibilities, and the notice of termination of the contract can also be revoked by the judicial organs, that is, it has the right and cannot be willful.
Lawyer Du Peng believes that, first of all, the company in this case proposed to terminate the labor contract with Ms. Zhou on the basis of the provision that Ms. Zhou "published or disseminated inappropriate remarks to the outside world, or deliberately fabricated or disseminated fictitious facts, or disseminated unverified information, causing a bad impact", which was inconsistent with the law.
He said that the company's approach is not only inconsistent with the establishment of various so-called organizations to safeguard the rights and interests of women and employees after the case occurred, "but also sends a very wrong signal to the public: as an employer, in the face of women who have suffered sexual harassment or sexual assault in the workplace, whether to actively encourage the courage to stand up and say 'no', or should we avoid suffering a lot of secondary injuries in follow-up treatment, in order to keep the job bowl, bear the insult, endure the anger." ”
"According to Ms. Zhou's statement and relevant facts, whether Ms. Zhou privately sought out leaders to deal with it, or complained about the fruitless protection of rights in the canteen, or posted articles on Ali's intranet, it was all feedback problems within Ali and had never been disseminated to the outside world." Lawyer Du Peng recalled that after the fermentation of the matter, Ms. Zhou never accepted any media interviews and did not "make inappropriate remarks to the outside world." Two parties to the case, one was given the highest administrative punishment by the public security organs, and the other was transferred to the court for prosecution by the procuratorate for suspected criminal offenses, and the handling of the judicial organs proved that the problems ms. Zhou's feedback were not "fictitious facts".
Du Peng believes that the reason why the problem has fermented and caused a "bad impact" is caused by the bad behavior of the perpetrators and the inaction of the relevant personnel of the company, and it is not the fault of the victims. In addition, after the fermentation of the matter, the company's senior leaders at all levels rushed out to apologize, which has clearly stated that there are problems in the company's management in handling the matter, and now the company has blamed Ms. Zhou as the victim, which is very regrettable.
Lawyer Du Peng said frankly: "This matter has caused great harm to Ms. Zhou's body and mind, and she has been treated for medical treatment since September, first diagnosed with severe depression, and then diagnosed with bipolar affective disorder, and has now been transferred from a general hospital to a psychiatric hospital for treatment according to the doctor's instructions." Due to personal reasons, he was hospitalized without medical advice and was treated with medication at home. As an employee, Ms. Zhou suffered from violations of her work, and did not wait for the company's care, but waited for a notice of termination of the contract. I hope that one day, when this society faces sexual assault cases in the workplace, there will no longer be insults and insults to the victims, but more care and care. ”
Lawyer Lin Xiaoming of Sichuan Yishang Law Firm believes that the company can be dismissed if an employee violates company discipline, but legally speaking, Ali's allegation that the employee violated Article 1.5.3 by "publishing or disseminating inappropriate remarks to the outside world, or deliberately fabricating or disseminating fictitious facts, or disseminating unverified information, causing a bad impact" is not sufficient, because it is not yet possible to explain that the parties fabricated, fabricated or unconfirmed.
Lawyer Lin Xiaoming said that from the perspective of the punishment received by the people involved, Ali's dismissal decision is also untenable, although the public security investigation believes that the former Ali employee Wang Mouwen did not have rape facts, but was punished with administrative detention, but the administrative detention showed that there were illegal acts, but it was not enough to commit crimes, and it did not meet the standards of criminal law punishment.
Lawyer Zhou:
An appeal has been filed to revoke Wang's decision not to approve the arrest
At present, regarding Wang Mouwen's case, Du Peng told Red Star News that Ms. Zhou has authorized her lawyer to file a criminal complaint with the procuratorate, requesting the procuratorate's prosecution department to revoke the original decision not to approve the arrest and pursue Wang Mouwen's criminal offenses. As for Zhang's case, on December 9, 2021, the court notified the procuratorate in writing that it had been prosecuted to the court and was currently waiting for the court's notice of hearing.
Earlier, the People's Procuratorate of Huaiyin District, Jinan City, Shandong Province, notified Wang Mouwen not to approve his arrest
For Zhang's suspected forced indecency case, Zhang's lawyer Wang Chunli told Red Star News that on December 9, the case had been prosecuted by the Huaiyin District Procuratorate of Jinan City to the Huaiyin District Court, and Zhang was still detained, "We have repeatedly submitted applications for release on guarantee pending further investigation and the review of the necessity of detention have been rejected", Wang Chunli said that the specific trial time is not clear.
Red Star News previously reported On July 26, 2021, Alibaba Group Wang Mouwen and Hu Moumin traveled to Jinan on business. On the 27th, Alibaba Group Zhou Mou (female) went to Jinan on a business trip. On the same day, Wang Moubing stayed at the hotel. In the afternoon, a group of 4 people went to Jinan Hualian Supermarket to discuss business and successfully signed the contract. That night, 4 people feasted on 4 people including Zhang Mou of Jinan Hualian Supermarket. After the meal, Zhou returned to the hotel. On the morning of July 28, Zhou thought that he might have been abused in a drunken state, and called the police at noon after talking to her husband. On August 7, Zhou Mou posted that he was forced to travel by the male leader, and after being drunk, he was molested by the male merchant at the wine table; that night, the male leader even entered his room with a condom four times to infringe, causing concern. Shortly thereafter, the persons involved were fired from the company. On August 9, Alibaba's chairman and CEO Daniel Zhang announced the results of internal investigations and handling decisions, in which Li Yonghe, president of the same-city retail business group, and XU Kun, HRG, resigned, Alibaba's chief human resources officer Tong Wenhong was punished, and suspected male employees were dismissed and never hired. Zhang was also dismissed from Hualian Supermarket. Among them, Wang Mouwen and Zhang Mouwen were separately filed for investigation. On August 14, the Huaiyin District Bureau of the Jinan Municipal Public Security Bureau reported that the criminal suspects Wang Mouwen and Zhang Mouwen had been taken criminal compulsory measures by the Huaiyin District Bureau of the Jinan Municipal Public Security Bureau in accordance with the law because they were suspected of forced indecency, and there was no evidence to prove that rape had occurred. On August 25, according to the China Procuratorial Network, the People's Procuratorate of Huaiyin District, Jinan City, Shandong Province, reported that the criminal suspect Zhang Mou was suspected of forcible indecency and approved arrest according to law; the case of criminal suspect Wang Mouwen suspected of forced indecency was under review. On September 6 this year, the People's Procuratorate of Huaiyin District, Jinan City, Shandong Province, reported that after review according to law, the forced indecent act committed by criminal suspect Wang Mouwen did not constitute a crime and was not approved for arrest. Subsequently, the Huaiyin District Bureau of the Jinan Municipal Public Security Bureau issued a police notice to terminate the investigation of Wang Mouwen in accordance with the law, and in accordance with Article 44 of the Law of the People's Republic of China on Public Security Administration Punishments, a decision was made to punish Wang Mouwen for 15 days of public security detention. Wang Mouwen was later released.
Red Star News reporter Peng Li Intern reporter Chen Yifan
Edited by Pan Li
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