Sexual harassment is an “issue that businesses with operations in China should definitely have on their radar,” Matthew Durham, partner with law firm Simmons & Simmons, writes for HRM Asia.
While the People’s Republic of China’s current law on sexual harassment is lacking in details, including no clear or standardized definition of what harassment is, some recent draft amendments to existing law defines “sexual harassment as unwelcome behavior against another person through sexual language or actions, or sexual advances towards a subordinate,” Durham writes.
That draft, which is anticipated to become effective March next year, also spells out that employers need to take reasonable actions to stop sexual harassment and put in place procedures for submitting and handling employee complaints. Employers in China need to “implement specific rules and requirements with clear procedures for making complaints and for investigating and handling claims, and details of disciplinary actions for breach,” Durham writes.