Attorney Authored

China Matters: Employers in Mainland China May Be Liable for Failure to Prevent and Prohibit Sexual Harassment

June 21, 2007

By Michael J. Downey

On August 28, 2005, the Standing Committee of the National Peoples Congress (SCNPC) amended the Law for the Protection of Womens Rights and Interests (Womens Protection Law) of the Peoples Republic of China (Mainland China or PRC) to prohibit sexual harassment against women. Although the national legislation did not explicitly impose an obligation on the employer to protect women from sexual harassment, Shanghai, as well as many provinces such as Jiangxi, Hunan, Shaanxi, Xinjiang and Heilongjiang subsequently enacted local implementing rules to impose such an obligation on employers. Under the local rules, an employer may be held liable if it fails to take actions to prevent and prohibit sexual harassment in the workplace.

Click here for a PDF of the full text

Get In Touch With Us

Contact Us