Research On Employer Liability System For Sexual Harassment In The Workplace

With the promulgation of the "Civil Code of the People’s Republic of China(Draft)"(hereinafter referred to as the draft of the Civil Code),sexual harassment clauses have gained a seat in the field of civil law for the first time.This clause tentatively clarifies the manifestation of sexual harassment,the way of relief and the employer’s obligation to prevent it,and responds positively to the appeals of the public and experts and scholars in recent years;however,there are still problems such as lack of proof of concept,single remedy path,and insufficient enforcement force.In particular,the regulations on workplace harassment with high frequency and concealment are too simple.From Mc Donald’s abroad to sexual harassment storms,female students suspected of sexual harassment by the FBI,to female subordinates of HSBC executives and female assistants of Xiao mi Technology vice presidents,such cases are endless.The public and academia have urged the establishment of a systematic workplace sexual harassment prevention system.Based on the provisions of the employer’s obligation to prevent and suppress civil law,the need for a systematic and scientific workplace sexual harassment of employers arises at the historic moment.This article focuses on the employer responsibility system for workplace sexual harassment.The summary of the basic theory of workplace sexual harassment leads to the necessity of constructing a workplace liability system for employers of sexual harassment.It analyzes the multiple perspectives of the current academic and practical circles in China,and draws on other countries and regions.Legislative regulations and judicial practices are aimed at constructing workplace sexual harassment that covers the concepts and standards of workplace sexual harassment,the principles of liability responsibilities of employers,the form of responsibility and the way of responsibility,specific requirements of employers’ prevention obligations,and the responsibilities of third-party supervisory agencies.The employer’s responsibility system makes suggestions and suggestions.In addition to the introduction and acknowledgements,this article includes the following four sections:The first part is the basic theory of employer liability system for workplace sexual harassment.The definition of the basic concepts of general sexual harassment leads to the characteristics and unique concepts of workplace sexual harassment,and it is concluded that the establishment of a workplace sexual harassment employer responsibility system is conducive to filling the existing legislative gaps,exerting the important role of employers in preventing workplace sexual harassment,and maintaining the personal dignity of employees And the need for legitimate employment benefits.The second part is the employer liability system for workplace sexual harassment in the views of domestic academic and practical circles.Comprehensively present the current multi-academic perspectives from multiple perspectives,such as the legislative style,liability principles and forms of responsibility,liability modes,specific requirements for employers’ prevention obligations,and other aspects of the workplace’s sexual harassment employer liability system.Theoretical support;and refer to 104 relevant adjudication documents,and analyze its significant reference significance to the construction of the system from several typical judicial decisions.The third part,employers’ liability system of sexual harassment in other countries and regions.Systematically introduce the system construction of other countries and regions,summarize the similarities and differences,learn the content design that fits China’s national conditions,and provide new ideas,new methods and new inspiration for the related system construction in China.The fourth part,concrete suggestions for establishing the employer liability system of workplace sexual harassment.Systematize the construction of a workplace harassment employers liability system with single-line legislation as the legislative style,unify the concept and identification standards of workplace sexual harassment,clarify the dual attribution principle and responsibility form,refine the employer’s obligations for prevention and control,and improve the supervision duties of third-party organizations.