Labor Law Regulation Of Workplace Sexual Harassment

Sexual harassment in the workplace will not only have a serious negative impact on the working rights and interests of individual workers and the working environment,but also bring about a series of social problems such as the decline of corporate reputation.Today,with the gradual awakening of the awareness of civil rights,it is still difficult for victims to use legal weapons to protect their legitimate rights and interests in such cases.In particular,the victims of workplace sexual harassment are mostly women,and the traditional sexual shame makes the vast majority of victims choose to escape and suffer in silence.In this context,how to regulate sexual harassment in the workplace has become an important issue for many labor law scholars to discuss and study,especially with the rise of worker status and the improvement of labor conditions,to adopt the legal regulation of sexual harassment in the workplace is an important part of the rule of law construction in our country.On October 30,2022,the 13 th Standing Committee of the National People’s Congress deliberated and passed the newly revised Law on the Protection of Rights and Interests of Women,which added related contents to prevent and control workplace sexual harassment.Therefore,it is imperative to further regulate workplace sexual harassment by labor law to protect the rights and interests of workers.In order to achieve the regulation of workplace sexual harassment in labor law,the concept of workplace sexual harassment and its extension should be clarified first,which is also the basis for the discussion and research of subsequent issues.Based on organizational structure theory and labor relations attribute theory,the regulation of labor relations sexual harassment in the workplace obviously has its rationality,and can further implement the rights and interests of workers,promote gender equality in our labor market.According to the current situation of the law regulation of sexual harassment in workplace,there are still many problems.In judicial practice,there is no basis for the identification of sexual harassment in the workplace,let alone a clear constitutive requirement,which leads to the lack of a set of clear and unified standards for the regulation of sexual harassment in the workplace in reality,which makes the regulation of sexual harassment in the workplace in the beginning into a dilemma,and employers are even in this confusion to avoid taking responsibility.In addition,there are no comprehensive and effective prevention measures for workplace sexual harassment both inside and outside the employer,so it is difficult to regulate workplace sexual harassment from the source,and the subsequent relief for the victims of workers is obviously insufficient,which makes the road to protect the rights of workers extremely difficult.As the research on labor law regulation of sexual harassment in workplace starts early,China’s Taiwan area,Japan,America and other countries and regions have some advanced experience in solving the above problems,such as clearly employing units have the obligation of public disclosure,and stipulate the liability of damages for employers,etc.,which can provide reference for the perfection of the subsequent legislation in our country.In view of our national conditions,the regulation of workplace sexual harassment law should start from perfecting labor related legislation,extend protection object to all workers,confirm the principal position of the unit in preventing and treating sexual harassment in the workplace,specify the type of responsibility it should undertake,and regulate sexual harassment in the workplace in the before prevention and after remedy.Including increasing the principle of prevention and treatment of workplace sexual harassment,the construction of internal employers and trade unions and other social organizations outside the prevention and post-relief mechanism,fully realize the workplace sexual harassment source management and protection of the legitimate rights and interests of the victim.