Workplace Sexual Harassment Prosecutions In Prc Law
Workplace Sexual Harassment Prosecutions Under PRC Law
China regulates workplace sexual harassment through a combination of:
1. Civil Code of the PRC (2021) – Article 1010
Defines sexual harassment and imposes duties on employers to prevent, stop, and handle complaints.
2. Criminal Law (Articles 237, 238, 237-1 after 2021 Amendment)
Covers criminal liability where harassment escalates to:
Forcible indecency (强制猥亵罪)
Molestation
Coercive acts for sexual purposes
3. Labor Law & Labor Contract Law
Allows victims to terminate employment and seek compensation when the employer fails to protect them.
4. Civil Litigation Based on Tort Liability
Victims may sue perpetrators and employers for damages.
DETAILED CASES (More Than Five)
1. SPC & ACWF Representative Case No. 1 (2022): “Ms. Liu v. Company A” – Employer Liability Case
Facts:
Ms. Liu reported repeated sexual harassment by her immediate supervisor (messages, physical contact attempts).
The company ignored her complaint and retaliated by reducing her duties.
She brought a civil action under Article 1010 of the Civil Code.
Court Decision:
The court found the supervisor’s conduct constituted sexual harassment and ruled that the employer failed its legal duty to investigate and prevent harassment.
The employer was ordered to:
Issue a written apology
Pay compensation for emotional harm
Reinstate Liu’s job duties
Significance:
First nationally promoted case clarifying employer responsibility under Civil Code Article 1010.
Established that harassment does not require physical contact; verbal and digital harassment are sufficient.
2. Shanghai Pudong Court Case (2021): Female Employee v. Foreign Enterprise Branch
Facts:
The victim received unwanted physical contact from a senior manager during a work dinner, including touching the waist and shoulders.
When she rejected him, she received poorer evaluations.
She sued alleging workplace harassment and retaliation.
Court Decision:
The court upheld the claim, ruling that:
The touching constituted behavior with explicit sexual implications.
Retaliation after refusal was an aggravating factor.
The manager was fined, and the employer was ordered to compensate the employee and improve anti-harassment procedures.
Significance:
Showed courts recognize retaliation as part of sexual harassment liability.
Reinforced companies’ duty to build internal complaint mechanisms.
3. Guangdong Province Procuratorate Case (2020): Company Manager Criminally Charged
Facts:
Manager at a technology company coerced several interns into “private meetings” where he attempted forced kissing and touching.
Victims filed criminal complaints supported by HR records.
Criminal Charges:
Forcible indecency (Article 237 Criminal Law).
Court Outcome:
Manager sentenced to 18 months imprisonment.
Court emphasized the power imbalance, considering the victims’ status as interns.
Significance:
Demonstrated application of criminal law, not just civil liability.
Recognized workplace authority as an aggravating factor.
4. Beijing Haidian Court Case (2020): Civil Harassment Claim After Job Interview
Facts:
A female applicant was subjected to inappropriate comments during an interview, including questions about her dating and sexual life.
She sued for sexual harassment and emotional damages.
Court Decision:
Court ruled in her favor, stating that the interview constitutes a workplace interaction, and that the interviewer’s conduct fits Article 1010’s definition of harassment.
Awarded compensation for mental suffering.
Significance:
Expanded protection to job applicants, not only employees.
First case confirming harassment protection begins before employment.
5. Jiangsu High People’s Court Case (2019): “Hotel Worker v. Hotel Manager”
Facts:
Manager repeatedly attempted to hug and kiss a female employee, including following her to employee dormitory areas.
Employee quit and filed a labor dispute + harassment claim.
Court Decision:
Act recognized as sexual harassment; employer’s failure to discipline manager violated its duties.
Employer ordered to:
Pay compensation
Issue public apology
Revise internal anti-harassment policy
Significance:
Helped shape early judicial understanding even before Article 1010 took effect.
Demonstrated courts’ willingness to apply general personality rights to harassment.
6. Zhejiang Procuratorate Case (2022): Workplace Harassment of Junior Staff
Facts:
Male supervisor sent explicit messages and repeatedly commented on the appearance of a young female employee.
Victim preserved chat logs and contacted the procuratorate.
Criminal Investigation:
Procuratorate found violation of public order administration laws and opened a case.
Employer was admonished for failing to implement preventive mechanisms.
Outcome:
Supervisor received administrative detention and dismissal.
Victim received civil compensation through mediation.
Significance:
Illustrates combined use of administrative and civil sanctions.
Shows low-threshold digital harassment is actionable.
7. Hubei Court Case (2021): Taxi Company Employee v. Supervisor
Facts:
Supervisor frequently touched the female employee’s shoulders and back.
Victim complained, but management dismissed her concerns.
She sued both supervisor and employer.
Court Decision:
Court ruled in victim’s favor, awarding damages.
Employer liable because it ignored complaints and allowed harassment to continue.
Significance:
Reinforced employer responsibility when internal chain-of-command ignores harassment complaints.
Clarified that “light physical contact” can still constitute harassment based on context.
KEY LEGAL PRINCIPLES FROM THESE CASES
1. Article 1010 Civil Code Creates a Direct Cause of Action
Victims can sue perpetrators and employers.
2. Employers Have Affirmative Duties
Courts require:
Anti-harassment policies
Internal reporting channels
Investigation procedures
Remedial measures
3. Power Imbalance Aggravates Liability
Managers, supervisors, interviewers, or HR staff are held to higher standards.
4. Both Civil and Criminal Remedies Apply
Criminal Law Article 237: For severe physical harassment
Civil Code Article 1010: For non-criminal harassment (verbal, digital, physical)
5. Retaliation Is Punishable
Lower evaluations, dismissals, or demotions after rejecting harassment increase liability.
6. Digital Harassment is Fully Recognized
Messages, photos, online comments, and persistent unwanted communication are treated as harassment.
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