Alibaba has fired a female employee who accused a then-executive of sexual assault
In her dismissal notice, Alibaba said she had spread false information and damaged the company's reputation
Hong Kong -- Alibaba Group Holding Ltd. fired a woman who had accused its then-supervisor of sexual harassment and rape during a business trip earlier this year, according to an employee and her lawyer. It has brought new attention to a sexual assault case that has sent shockwaves through China's tech community.
The woman was fired on Nov. 25 for allegedly spreading false information and harming The company, according to a copy of The notice reviewed by The Wall Street Journal.
Since the "Ali female employee sexual assault case" was exposed online in early August 2021, the case has been listed on the hot search list for many times and spawned a number of related lawsuits. At present, Ali has removed labor contract with concerned female employee Zhou Mou. September 6 this year, Ji 'nan Huaiyin District people's Procuratorate issued a notice, according to the law review, the suspect Wang mou implementation of compulsory indecency does not constitute a crime, do not approve the arrest.
At that time, the female employee complained of sexual assault in the canteen
However, according to the police investigation, the employee's behavior was false
The woman received an email from the company on November 25
Announce the termination of their labor contract
Received the paper termination of labor contract on November 28
Salaries will be paid until November 25th
No compensation or compensation has been received.
The reason for rescinding the labor contract is violation
Employee Discipline System of Alibaba Group
"Making or disseminating inappropriate statements
Or deliberately fabricate or spread fictitious facts
Or spreading unconfirmed news
To cause ill effects"
According to the notice, on August 6, 2021, you (Surnamed Zhou) spread false information such as "raped by senior executives and not dealt with by the company" by spreading banners, distributing leaflets, Shouting with a megaphone in the canteen of the company and Posting on Intranet forums, which aroused strong public concern and brought bad influence to the company. Such a series of behaviors have constituted the provisions of Article 1.5.3 of Class A violation of The Employee Discipline System of Alibaba Group, "making or spreading inappropriate remarks externally, or deliberately fabricating or spreading fictitious facts, or spreading unverified news to cause adverse effects".
In early August, a sexual assault case involving female employees of Alibaba was reported online. Zhou exposed his leadership and customer assault on the network.
Subsequently, on September 6, Shandong Jinan Huaiyin District People's Procuratorate notice, according to the law review, the suspect Wang mou implementation of compulsory indecency does not constitute a crime, do not approve the arrest. Jinan city public Security Bureau Huaiyin district branch notice: according to law to terminate the investigation of Wang Mou, to its public security detention for 15 days of punishment decision.
On December 11, a female employee surnamed Zhou, who claimed to have been sexually assaulted by Alibaba, said she was fired by alibaba. To this, Zhou mou said, the work did not make any mistakes, the company has no right to dismiss. "I did not make any mistake. I will definitely not accept the result. I will defend my rights and interests by legal means in the future."
Alibaba said the facts have been clarified and the judiciary has reached its verdict. The whole process of this incident has deeply touched Alibaba and everyone in Alibaba. The company will take this as a lesson, and constantly improve and improve themselves.
In response, Zhou said, "The reason for the termination of the labor contract with me is that I violated the provisions of alibaba Group employee Discipline System that 'make or spread inappropriate remarks, fabricate or spread fictitious facts, or spread unverified news to cause bad influence'. In this regard, I would like to say that no matter I deal with it privately with the leaders, or defend my rights in the canteen when I complain with no result, or post articles on ali's Intranet, all the problems are feedbacks within Ali and never spread to the outside. I never gave an interview to any media or made any inappropriate remarks. The two parties involved in the case, one was punished by the public security organ with the highest administrative penalty, and the other was transferred to prosecution for suspected criminal offenses. The judicial organs' handling proved that the problems I gave feedback were not "fictitious" facts. Moreover, it is the bad behavior of the perpetrator and the inaction of the relevant personnel of the company, not the fault of the victim, that causes the problem to ferment and cause the 'bad influence'. What's more, after the scandal erupted, senior leaders at all levels rushed to issue an apology. They had already made it clear that there were problems in the management's handling of the affair, and now they blame me as the victim and want to fire me. It really makes me feel sad and helpless."
"As a woman, these two make me feel pitiful and pathetic," zhou said in response to questions raised by Wang and Zhang's wives about the incident and Zhou himself. Pitiful because to some extent, they are also victims. Sadly, in the face of the judicial authorities, they are still unwilling to believe the truth and try to slander another poor woman to whitewash their husband. At the time of the incident, the two wives were not at the scene, neither of them knew the situation at that time, but they could talk about their husband's justice, kindness and injustice, and the two wives did not even know me before the incident, but they could write down N of my crimes. If they are really wronged, why don't the two husbands come forward to clarify? Why would your wife do it for you? I understand their desire to save their husbands, but I don't understand their three views. I don't feel the need to respond to this nonsense. However, we have preserved evidence of these rumors and articles, and will use legal means to protect our legitimate rights and interests in the future."
To her family, she would like to say: "Thank you to my husband who has always been with me. I want to say to him, no matter how long it takes, I still remember the heartache when I first met you. I will be fine in the future, and we will be fine too."
About this matter, Ali's practice, seems to be inappropriate, a few words.
1. As for zhou's infringement incident, Ali dismissed Wang Chengwen as early as August 9, which has defined who is the victim. On September 6, Jinan police issued a notice: "The investigation of Wang Mou Wen was terminated according to law, the arrest was not approved, and the public security detention was for 15 days." Although Wang Chengwen was not arrested, detained for 15 days, what is the situation? Is it misbehaving? Did you further identify the perpetrator and victim?
2, about zhou mou was violated another suspect Zhang Guo, suspected of forcible indecency crime, since August 25 was approved to arrest up to now, there is still no below, that there are still violations of zhou Mou facts, otherwise, will not still in custody.
3, Ali fired Zhou for "publishing or spreading inappropriate remarks... Cause bad influence ", the problem lies in: one is Zhou mou once said that through the formal channel reaction situation no one ignored, two is Wang Chengwen and Zhang Guo's situation has confirmed Zhou mou's victim identity. Perhaps, Zhou mou as a victim, on their own victimization plot. There are "play" elements, and "play" more, but, there may be a reason to prove their innocence, at the same time, did not change the "hurt" fact.
4, the victim Zhou, is for the company's business, will go to Jinan, will encounter the infringement event, in any case, are counted as work-related injury, how can be fired?