Guiding Case No. 181: Zheng v. Honeywell Automation Control (China) Co., Ltd. (dispute over an employment contract)(Deliberated and adopted by the Judicial Committee of the Supreme People's Court, issued on July 4, 2022)
civil; an employment contract; rescission of an employment contract; sexual harassment; rules
[Key Points of Judgment]
The manager of an employer shall adopt reasonable measures to dispose of a complaint raised by an employee claiming that she is suffering sexual harassment. Where the manager fails to adopt reasonable measures or falls under circumstances of indulging acts of sexual harassment and interfering investigation into the sexual harassment, the employer rescinds the employment contract signed by and between it and the manager on the grounds that the manager fails to perform his job responsibilities and seriously violates the rules, and the manager claims that the rescission of the employment contract is illegal, the people's court shall not support such claim.