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Legal Regulations Of Sexual Harassment In The Workplace

Posted on:2021-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:L ChengFull Text:PDF
GTID:2416330605476888Subject:legal
Abstract/Summary:PDF Full Text Request
Sexual harassment in the workplace,a problem that plagues many workplace workers,has become a worldwide topic.At present,relatively complete legal regulations have been formed in the United States,the European Union and our Taiwan region.China's research on workplace sexual harassment started relatively late.The existing legal provisions are more principled,and the legitimate rights and interests of victims of workplace sexual harassment are often not effectively protected.This article studies the current situation of China's judicial practice.After the "sexual harassment damage liability dispute" has become an independent case,the victims of sexual harassment in the workplace in China still face"difficulty to prove" and "difficulty to compensate".Aiming at the problem of"difficulty to prove" for victims of sexual harassment in the workplace,this article argues that the victims bear the burden of proof and the employer assumes the responsibility of "presumption of fault".By affirming the proof of secretly taking,secretly recording evidence,forcing witnesses to testify in court and other measures to improve the proof ability of evidence,and at the same time appropriately reduce the certification standard to ease the victim's certification dilemma;In response to the problem of "compensation" for victims of sexual harassment in the workplace,this article advocates establishing a compensation system for victims of voluntary separation,quantifying mental damage compensation,establishing a joint compensation system and punitive damages system to gives the victims the fullest protection.
Keywords/Search Tags:Workplace sexual harassment, Burden of proof, Standard of proof, Damage compensation
PDF Full Text Request
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