Prosecution Of Workplace Harassment
🧭 Overview: Workplace Harassment in China
Workplace harassment, particularly sexual harassment, bullying, or discrimination, has gained legal recognition in China. While historically underreported, the #MeToo movement and recent legislation have strengthened protections.
Key Legal Provisions
Civil Code of the PRC (2021)
Article 1010: Employers must prevent sexual harassment.
Victims can claim civil damages for emotional distress.
Labor Law of the PRC & Labor Contract Law
Employers are required to maintain a safe and respectful workplace.
Violations may result in fines, administrative penalties, or civil liability.
Criminal Law of the PRC
Articles 236–237: Sexual harassment or sexual assault in the workplace may constitute rape or sexual assault, leading to criminal prosecution.
Key Principles
Harassment includes verbal, physical, or psychological abuse in the workplace.
Employers may be held civilly liable for failing to prevent harassment.
Severe cases can result in criminal prosecution.
⚖️ 1. Case: Zhang vs. Beijing Tech Company (2018)
Facts:
Female employee accused her supervisor of repeated sexual harassment and unwanted advances.
The supervisor threatened her career if she reported it.
Judicial Proceedings:
Court ruled the acts constituted civil harassment under the Civil Code.
Employer was found partially liable for failing to prevent harassment.
Remedies: compensation for emotional distress and damages, plus disciplinary action against the supervisor.
Significance:
Landmark civil case reinforcing employer responsibility.
Demonstrates courts recognize psychological harm as compensable.
⚖️ 2. Case: Shanghai #MeToo Workplace Harassment Case (2019)
Facts:
A female journalist reported sexual harassment by her editor-in-chief.
The harassment included unwanted touching and explicit messages.
Judicial Proceedings:
Criminal investigation: Prosecutors charged the editor with sexual assault under Article 236.
Sentence: 3 years imprisonment and a fine.
Employer was instructed to implement stricter anti-harassment policies.
Significance:
High-profile case showing criminal liability for sexual harassment.
Encouraged other victims to come forward.
⚖️ 3. Case: Nanjing Corporate Bullying Case (2020)
Facts:
Employees filed complaints about psychological abuse, threats, and overwork at a tech startup.
Harassment included verbal abuse, public humiliation, and intimidation.
Judicial Proceedings:
Court ruled employer violated Labor Contract Law and Civil Code obligations.
Remedies: financial compensation for emotional distress, mandatory HR training, and compliance monitoring.
Significance:
Expanded the legal concept of workplace harassment to include bullying and psychological abuse.
Recognized the employer’s duty to maintain a safe work environment.
⚖️ 4. Case: Guangzhou Hospital Sexual Harassment Case (2021)
Facts:
A senior doctor harassed a female nurse, sending inappropriate messages and making unwanted physical contact.
The hospital initially ignored complaints.
Judicial Proceedings:
Prosecutors charged the doctor with sexual assault under Criminal Law Article 236.
Sentence: 4 years imprisonment, plus revocation of medical license.
Hospital faced administrative fines for failing to address complaints.
Significance:
Demonstrates dual liability: criminal for perpetrator, administrative for employer.
Reinforces victim rights in medical workplaces.
⚖️ 5. Case: Beijing Private School Harassment Case (2022)
Facts:
Male teacher harassed several female students and staff through inappropriate comments and touching.
School administration failed to act.
Judicial Proceedings:
Criminal charges for sexual assault and harassment.
Sentence: 5 years imprisonment.
School fined and required to implement anti-harassment measures.
Significance:
Highlights institutional responsibility.
Emphasizes preventive measures and monitoring within organizations.
⚖️ 6. Case: Shenzhen Tech Startup Harassment & Retaliation Case (2023)
Facts:
Female employee reported harassment by her manager; she was terminated shortly after.
Harassment included verbal abuse and intimidation.
Judicial Proceedings:
Court found the company civilly liable for harassment and wrongful termination.
Remedies: Compensation for emotional distress, reinstatement offer, and damages for unlawful termination.
Significance:
Demonstrates protection against retaliation for harassment complaints.
Shows courts enforce both preventive and remedial measures.
🧩 Key Observations
Workplace harassment may attract civil, administrative, and criminal liability depending on severity.
Employers are responsible for prevention, and failure to act can result in financial and regulatory penalties.
Criminal prosecution is reserved for sexual assault, severe harassment, or abuse involving coercion.
Emotional distress and psychological harm are recognized grounds for civil compensation.
Retaliation against victims is itself punishable under labor and civil law.
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