Regulations on sexual harassment in the workplace in China

In recent years, China has improved its legal frameworks concerning sexual harassment. The PRC Law on the Protection of Rights and Interests of Women (which first came into force on 1 October 1992 and was last amended on 30 October 2022) has been the fundamental law to protect women's legal rights. According to the law, sexual harassment against women is prohibited. A woman has the right to complain to her employer and to the competent authority. Effective from 1 January 2023, the amended PRC Law on the Protection of Rights and Interests of Women further defines sexual harassment as verbal remarks, text, images, physical behaviours, or any other means against the will of women, and sets out specific measures that employers must take to prevent and suppress sexual harassment against women in the workplace.

In addition, the Special Provisions on Labour Protection for Female Employees, issued by the State Council on 28 April 2012, specifically concerns sexual harassment in the workplace. It also states that employers should prevent and stop sexual harassment towards female employees in the workplace.

The PRC Civil Code, which came into effect on 1 January 2021, broadens the protection against sexual harassment, i.e. not only women but also men are protected. The PRC Civil Code also provides that employers should take both preventive and corrective measures to prevent and suppress sexual harassment in the workplace. 

According to the amended PRC Law on the Protection of Rights and Interests of Women, effective from 1 January 2023, employers in China are explicitly required to take detailed management measures to prevent sexual harassment in the workplace as follows:

1. formulating rules and regulations that prohibit sexual harassment;
2. specifying the responsible organisational body or person in charge;
3. carrying out education and training activities to prevent and stop sexual harassment;
4. adopting necessary safety and security measures;
5. setting up hotlines and mailboxes for receiving complaints and providing smooth complaint channels;
6. establishing sound investigation and handling procedures, addressing disputes in a timely manner, and protecting the privacy and personal information of the parties concerned;
7. supporting and assisting female victims in safeguarding their rights, and providing psychological counselling to female victims where necessary; and
8. adopting other reasonable measures to prevent and stop sexual harassment.

Employers failing to take necessary measures to prevent sexual harassment, resulting in infringement of women’s rights or adverse impacts on society, may be ordered by the competent authority to make rectifications. If the employer refuses to rectify or if the violation is serious, the person directly in charge and other responsible individuals may face legal punishment.

The PRC Civil Code requires that the employers shall take reasonable measures regarding sexual harassment including prevention, complaint, investigation and treatment measures to prevent and stop sexual harassment in the workplace by using power or relationship hierarchy.

At the local level, some cities and provinces have also provided specific requirements in their local rules, such as the Circular on Issuing the Guidelines of Shenzhen City on the Prevention and Control of Sexual Harassment, issued in Shenzhen, and the Special Provisions on Labour Protection for Female Employees, issued in Jiangsu Province.

According to the currently applicable law, if the employer fails to fulfil its obligations in preventing harassment and infringes upon the legitimate rights and interests of a female employee, the female employee can raise claims against the employer by making a complaint, report, or claim according to the law. She can also apply for mediation and arbitration with the competent labour arbitration commission and may file litigation if she is not satisfied with the arbitration award. With the enforcement of the PRC Civil Code on 1 January 2021, male employees are also able to raise claims against the employer.

However, in current practice, employees usually do not take legal action against their employers. Instead, in cases of workplace sexual harassment, employees often first seek support from their employer. We have noticed that some of our clients receive internal harassment complaints from time to time, but due to the difficulty in collecting evidence regarding these complaints, it is often challenging for clients to determine whether they should take disciplinary action against the alleged employees in the harassment complaints. Since the amended PRC Law on the Protection of Rights and Interests of Women took effect on 1 January 2023, many clients have established internal processes for handling complaints and conducting investigations. It is expected that harassment complaints will be better managed by employers in the future with the establishment and improvement of such procedures.

According to the PRC Civil Code, anyone who suffers from sexual harassment in the workplace may bring a civil claim against the employee who has harassed him/her at the People’s Court to protect his/her legal rights. 

Furthermore, according to the amended PRC Law on the Protection of Rights and Interests of Women:

1. Female victims of sexual harassment may lodge complaints with the relevant authorities, who are required to take timely measures and inform the complainants of the results in writing. Victims may also report the case to the police station, which, depending on the severity of the harassment, can impose administrative punishment on the employee responsible, such as detention for 5 to 10 days and a penalty of RMB 500, or file a criminal case for further investigation.
2. Employers failing to take necessary measures to prevent sexual harassment, resulting in infringement of women’s rights or adverse impacts on society, may be ordered by the competent authority to make rectifications. If the employer refuses to comply or the violation is severe, the person directly in charge and other responsible individuals may face legal punishment.

According to the Special Provisions on Labour Protection of Female Employees, female employees can also raise claims against the employer by making a complaint, report, or claim according to the law, applying for labour arbitration with the competent labour arbitration commission, and filing litigation if they are not satisfied with the arbitration award. 

In recent years, the number of sexual harassment claims has been increasing. However, major cases have tended to involve the dismissal of the employee who has carried out the harassment. We would say this currently sits in amber category. 

In practice, more and more companies are becoming aware of the importance of eliminating sexual harassment in the workplace. With statutory requirements in place, companies are required to include a policy within the employee handbook or other internal rules and regulations on preventing and stopping sexual harassment. To deter employees, it is recommended to state that sexual harassment constitutes a serious breach of company rules, which may result in immediate dismissal. It is also advisable to provide training to employees on this issue.

No specific sector is particularly affected by or concerned with harassment in China.