Sexual Harassment And Its Effects On The - amazonia.fiocruz.br

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Download PDF. The issue of sexual harassment and the MeToo movement in mainland China has burst into the spotlight again recently. Such cases are relatively rare and the high-profile nature of the man accused has resulted in significant attention within China and https://amazonia.fiocruz.br/scdp/essay/calculus-on-manifolds-amazon/shylock-as-a-villian-or-victim-in.php. Article of the Civil Code establishes important new principles on what constitutes Sexual Harassment And Its Effects On The harassment, expands the scope of recipients to include men, and introduces specific obligations and potential liability for employers in this area.

Zhou filed her claim in in relation to an incident in while she was working for Zhu as an intern at CCTV, the State broadcaster. She also described and made public the incident in a series of social source posts which subsequently were widely shared and re-posted. She accused Zhu of groping her, trying to place his hands inside her dress and pulling her onto him, before forcibly kissing her.

Prior to the hearing, Zhou made it clear that her rationale and determination for bringing her own claim was driven in part by the need to make legislative changes and improve the legal process generally so that rights are respected, and victims can seek redress against perpetrators with more confidence.

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Zhou feels that while the MeToo movement Sexjal had a clear impact in China, much more needs to be done to protect victims of sexual harassment. Zhu, the accused, did not attend the hearing and the court adjourned after nearly 10 hours without giving a verdict.

Zhou said afterwards that she had asked for the three judges to be replaced before the next hearing.

It is not clear at present when this will take place. However, there was no clear definition of what constitutes harassment. A State Council regulation added that employers should prevent and stop sexual harassment against female employees in the workplace. Despite the issuance of local regulations with slightly more detail on what might be considered harassment and regarding employer obligations to implement complaint procedures such as in Jiangsu Province inmany observers still felt that the legal framework lacked substance.

While surveys showed that many women said that they had experienced sexual harassment, in practice very few legal claims were brought. Against this background, the new Th Code suggests progress. It goes on to say that enterprises, schools, agencies and similar organisations must adopt reasonable measures to prevent sexual harassment, and implement a system for receiving, investigating and handling complaints.

It is significant that:. It remains to be seen exactly how these requirements will be interpreted and enforced.

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In particular, it is not crystal clear whether or how employers can be held liable for failing to meet their obligations under Article Similarly, critics have raised the possibility that sexual harassment outside of the physical work environment, such as at work functions or in social situations read article normal work hours, might not be deemed sexual harassment in the course of employment.

Nevertheless, the new law provides some basis for claims against employers and a fuller framework to work with than previously. Aside from legal claims, individuals such as Zhou Xiaoxuan increasingly are making their voices heard through other means. Social media appears to have become the preferred route to make allegations.

Ina university professor in Jilin was fired following an internal investigation after a female employee accused him online of sexual harassment. The power of social media means that there is a risk of severe reputational damage for employers, which may well prove more debilitating than any legal liability. Foreign companies operating in mainland China may be especially vulnerable to this.]