"I'll repay my debt ..." In the workplace, my subordinates and daddy, and later, the relationship with "sexual harassment" deteriorates
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Instead of having a physical relationship, he replaced his subordinates' debt, and was charged an alimony from his subordinates. Such consultations have been sent to lawyer dot com. The consultant's subordinates had a debt of 1 million yen, and the debt was replaced for their subordinates. However, as a condition, the counselor paid 30,000 yen, asking his subordinates for sexual relationships. All exchanges remain on LINE. However, one day, I told the end. Subordinates asked, "I want you to transfer your workplace by forcing sexual activity and stalking." The counselor thinks that there was no compulsory sexual activity, but he is worried that if the other party thinks so, the claims will pass. Does the counselor have to accept the other party's claim? I asked a lawyer Yoshihiro Takii. ● What is the force of sexual relationships, sexual harassment? -Is there an obligation to respond to the request from the other party? Will the compulsory be forced without the intention of the counselor? First, we will examine (1) forced sexual relationship and (2) the possibility of sexual harassment regarding the claim for alimony fees. (1) Regarding the forcing sexual relationship, even if there is a formal agreement between the counselor and the other party, the situation has been placed on the situation in which both parties and the promise of debt change, so they are sexual relationships. If you are forced to pay, you may be obliged to pay an alimony. One of the specific examples that is judged to have been forced to have sexual relationships is that it has been evaluated as a sexual activity, such as being forced to respond to sexual relationships due to economic distress. increase. However, unlike this case, for example, if the other party is actively proposed to the counselor, and the consultant responds to the proposal, it is not compelled and there is no alimony fee. increase. (2) Regarding the possibility of sexual harassment, even if it does not hire sexual relationship itself, the relationship between the counselor and the other party is the boss / subordinate, so the act of the counselor may fall under sexual harassment. there is. If the counselor actively seeks a sexual relationship using his position as a boss, it is likely to be sexual harassment. On the other hand, unlike this case, if the other party actively suggests sexual activity in exchange for money, it may not be sexual harassment. ● Do I have to transfer? -Is it necessary to respond to the request for a work transfer from the other party? The company has the personnel rights of which department to be placed in which department. Therefore, there is no need to immediately respond to the other party's request. However, there is a possibility that the company may be disposed of as an act of losing the trust of the company, such as having sex with his subordinates in return for paying money by replacing debt. If you are ordered to move as a company's proper human rights, the counselor will have to respond. ● Where did you get 1 million yen? -When the other party agrees, is it a violation of public order and morals to replace debt instead of physical relationships? If the consultant first requests the other party for the 1 million yen, is there an obligation to repay the other party to the counselor? Even if the other party agrees to have a sexual relationship with the counselor, the debt -payment agreement that is a sexual relationship is indispensable for social validity, contrary to sexual virtue. There is a high possibility that it violates public order and morals. Even in past court cases, contracts that promise a mistress or to lend money with promises that do not require repayment during the continuation of sexual relationships are invalid as violations of public order and morals. ● Where is the replacement price of 1 million yen? -The counselor has replaced his subordinate's debt of 1 million yen, but could the other party return this payment? It can be said to be returned to. However, as described above, it is highly likely that debt -based payments based on sexual relationships violate public order and morals and will be invalidated. If the contract is invalid, the other party will not be obliged to return 1 million yen to the counselor. -If this debt payment contract is invalid, what will happen? In that case, the other party has a profit of 1 million yen without a contract. Therefore, it is possible that the counselor asks the other party to return the unfair gain. However, this one million yen replacement payment was made by sexual relationships, so it is considered to be a so -called "illegal cause benefit", ignoring socially required ethics and morals. increase. In this case, the consultant does not allow a request for refund of 1 million yen to the other party. Under these circumstances, it is likely that the other party will not be obliged to return 1 million yen. The counselor and the other party are in the relationship between the boss of the same company and subordinates. If the act of the counselor falls under sexual harassment to his subordinates, the counselor may be disciplined by the company, such as demotification or suspension of work. Also, if there is a sexual relationship, the other party may go to the police. The attitude of the counselor seems to be unlikely to be a crime, but depending on the sexual activity or the form of sexual harassment, it may be arrested or criminal punishment. If you are worried about how much you should respond to the other party's alimony claim, or if you are worried about the disposal of the company, please consult a lawyer first. [Collaboration Lawyer] Yoshihiro Takii (Yoshihiro Taking) is the motto of "Your" your "troubled" to "good". A humanity lawyer who works mainly in Osaka, aiming for a consultation desk for all kinds of "troubled". We are struggling day and night to build a new way of working that pushes freedom and autonomy, building an incredible and fun work environment and expansion. Office name: Lawyer corporation A & P Taki General Law Office Office URL: http: // Takiilaw.COM/
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