In the wake of China’s new legal provision prohibiting sexual harassment taking effect on January 1, 2021, this report by Aaron Halegua, based on extensive research including the review of over 100 Chinese judicial decisions, examines the prevalence of gender-based violence and harassment (GBVH) in the workplace and how such disputes are handled by employers and courts.
The cases reveal a wide range of GBVH in the Chinese workplace, including making lewd comments and jokes, sending harassing messages, unwelcome touching, inviting subordinates to have sex, and forcing an employee to watch pornography. However, very few GBVH victims sought redress through the Chinese courts. Most cases involved alleged harassers suing their employer to challenge their termination—a positive indication that some employers take GBVH complaints seriously. However, those few victims who did sue rarely prevailed because of the high burden of proof on plaintiffs and the requirement that the victim’s oral testimony must be corroborated by physical evidence. Even those who “won” were awarded either no damages or only a paltry sum. Instead, victims who complained often faced retaliation by the employer or a defamation lawsuit.
The report concludes with recommendations for harmonizing China’s law and practice with the International Labour Organization’s Convention Violence and Harassment (No. 190)—a landmark international standard calling upon Member States to adopt measures to prevent and eliminate workplace violence and harassment. This includes recommendations for the Chinese government, employers, and workers’ organizations as well as global brands.
Download the full report here.