The Study On The Legal Regulation Of Sexual Harassment In The Workplace

Sexual harassment in the workplace is a key and difficult issue that countries(regions) around the world pay attention to.In view of its universality and its harmfulness to society,many countries and regions have been working hard to explore effective legal systems to achieve legal regulations on sexual harassment in the workplace.In our country,this problem also has a certain generality,and even has a tendency to expand and become more serious,especially for women in the workplace.However,since current legal regulation of sexual harassment in the workplace is still in its infancy,the relevant legal regulations are still general and vague,and lack of certain operability and it is difficult for victims to defend their rights.Sexual harassment in the workplace occurs in the workplace.It is all sexually related,against the wishes of others,and damages the personality rights and other rights and interests of others by means of words,texts,images,and physical behaviors.This behavior is a compound infringement of multiple values and multiple interests.It not only violates the personality rights of the victim,but also violates other rights such as equal employment of the victim.The legal regulation of sexual harassment in the workplace outside the territory and our country Taiwan area have formed a relatively mature legal system,especially in the specific design of employer responsibilities and the settlement of proof dilemmas.The legal regulations are worth learning from.Legal regulation of sexual harassment in the workplace is conducive to enhancing the protection of sexual rights and equality rights,better safeguarding human dignity,prouding relief to victims’ rights and benefits.In response to prominent problems in judicial practice,the legal regulations on sexual harassment in the workplace in my country can be improved from the following perspectives:Firstly,refine the responsibilities of employers.Strengthening the responsibilities of employers is the core measure for the management of sexual harassment in the workplace in extraterritorial countries(regions).The Civil Code promulgated in 2021 included sexual harassment into the personality rights edition for the first time to regulate and defined the responsibilities and obligations of employers.Based on that,it is necessary to further clarify the specific types of responsibilities that employers assume in different types of sexual harassment cases.Sexual harassment in the workplace can be divided into three types: interest-exchange,hostile work environment and external sexual harassment.In interest-exchange sexual harassment cases,the perpetrator can make significant adverse changes to the working conditions through the authority granted by the employer.Although the offending behavior is beyond the scope of authorization,its phenotype is obviously related to the performance of the job The inner connection is related to the performance of one’s duties.Under this circumstances,the employer shall bear the substitute liability,and apply the no-fault liability.At the same time,the employer’s right to recourse against those who have committed deliberate and grossly negligent conduct is guaranteed.In hostile environment-type and external-type sexual harassment cases,the victim’s employer has not fulfilled the obligation to protect the victim’s personal and property safety,and has certain negligence in preventing occurrence of sexual harassment in the workplace.In the specific design,safety guarantee obligation clauses can be introduced or refer to the applicable safety guarantee obligation clauses to clarify that the employer shall bear supplementary responsibilities that are compatible with its fault.Secondly,in terms of the evidence system,it is necessary to reduce the proving standard,give full play to the proving role of indirect evidence,and give full play to the court’s evidence collection function to solve the parties’ proving difficulties from the perspective of evidence production,court cross-examination and certification.In addition,with regard to compensation for damages to victims,compensation for mental damages should be regarded as the general content of the form of liability for sexual harassment cases.In the case where sexual harassment in the workplace is determined,if a party applies for compensation for mental damage,the court shall approve it,and the specific amount of compensation shall be determined according to the severity of the circumstances.Finally,through promulgating guiding cases,making judicial recommendations,and optimizing the trial team,the supporting litigation system is improved to ensure that the parties can successfully pursue the legal responsibility of the perpetrator through legal channels,safeguard their legal rights and purify the workplace environment.