Study On Employer Liability System For Sexual Harassment In The Workplace

Sexual harassment in the workplace has a great impact on the victim’s work and life.The existing relevant laws and regulations in China are too principled and ambiguous.Domestic scholars have different views on the model adopted to regulate employers’ liability for sexual harassment in the workplace.This paper analyzes and compares the regulatory models of employer’s liability for sexual harassment in the workplace,and on the basis of summing up the pros and cons of different models,makes an assumption on the construction of employer’s liability for sexual harassment in the workplace in China,and tries to improve the employer’s liability system for sexual harassment in the workplace.Judging from the existing legislation and judicial practice of workplace sexual harassment in China,there are many deficiencies in the legal regulation of workplace sexual harassment.The academic community advocates to relieve the victims of sexual harassment in the workplace through the employer’s responsibility,but there is a big controversy on whether to adopt the regulation mode of tort law or the regulation mode of labor law.Compared with the tort law,the regulation mode of labor law has three main advantages: the first is more extensive rights’ remedies;the second is more conducive to improving the economic benefits of the employer in terms of legal efficiency;the third is more operable in terms of system construction.In order to ensure that the legitimate rights and interests of workers are fully protected,the regulation mode of labor law should be adopted.Labor laws and regulations can improve its own prevention and relief mechanism from the rules and regulations of the employer,the appeal system and the investigation and handling procedures,and build a complete security system by improving labor supervision and protection and labor litigation procedures.