In the wake of China’s new law against sexual harassment taking effect on January 1, 2021, this new report by Chinese labor law expert Aaron Halegua examines the prevalence of gender-based violence and harassment (GBVH) in the Chinese workplace and how such disputes are handled by employers and courts. The report is jointly published by the Global Labor Justice – International Labor Rights Forum (GLJ-ILRF) and NYU’s U.S.-Asia Law Institute (USALI), where Mr. Halegua is an affiliated scholar.
Mr. Halegua examined more than 100 Chinese judicial decisions. The cases reveal a wide range of GBVH in the Chinese workplace, including making lewd comments and jokes, sending harassing messages, unwelcome touching, inviting subordinates to have sex, and forcing an employee to watch pornography. However, very few GBVH victims sought redress through the Chinese courts. Most cases involved alleged harassers suing their employer to challenge their termination—a positive indication that some employers take GBVH complaints seriously. Those few victims who did sue rarely prevailed because of the high burden of proof on plaintiffs and the requirement that the victim’s oral testimony must be corroborated by physical evidence. Even those who “won” were awarded either no damages or only a paltry sum. Instead, victims who complained often faced retaliation by the employer or a defamation lawsuit.
The report concludes with recommendations for harmonizing China’s law and practice with the International Labour Organization’s Violence and Harassment Convention (No. 190)—a landmark international standard calling upon Member States to adopt measures to prevent and eliminate workplace violence and harassment. This includes recommendations for the Chinese government, employers, and workers’ organizations as well as global brands.
Related article: “Are countries fulfilling the promise of the Violence and Harassment Convention?”
You can download the report at https://usali.org/workplace-gender-based-violence-and-harassment-in-china
