Will China’s Civil Code Finally Get Companies to Take Fighting Sexual Harassment Seriously?

The implementation of the new code will determine whether it can truly turn the tide against sexual harassment.  

Article 1010 of China’s first-ever Civil Code, effective January 1, 2021, obliges companies to adopt measures for preventing and responding to sexual harassment in the workplace. These include channels for employee complaints, procedures for investigating complaints, and rules for disciplining wrongdoers. Although past laws and regulations have targeted sexual harassment before, the Civil Code is the first national law to place this specific duty on employers. The Beijing Yuanzhong Gender Development Center, a women’s rights organization, searched databases of tens of millions of court cases from 2010 through 2017, but found only two instances of survivors suing alleged sexual harassers – both plaintiffs lost.
Could the employee sue the company for not meeting its duty under Article 1010? Some authoritative voices are saying not so fast.

This article was written by y Darius Longarino

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