On 28 May 2020, following six long years of drafting and redrafting in what was its fifth attempt, China will commence operating under a brand new civil code, the first ‘civil code’ of the People's Republic of China since its establishment in 1949. Among the 1,260 articles that make up this compilation of civil laws and regulations, which will come into force on 01 January 2021, is Article 1,010 of Chapter 2 (Rights to Life, Body and Health) of Part II (Personal Rights). Article 1,010 characterizes civil liability related to sexual harassment and creates the obligation for employers to adopt measures to prevent, record complaints of, investigate, and deal with cases of sexual harassment in the workplace.
Comprising two short paragraphs, the Article 1,010 first establishes that sexual harassment is not exclusively related to physical behaviour, but can also be expressed through words, images and texts, and that all ‘work units’ (danwei in Chinese) are responsible for preventing and terminating any form of sexual harassment resulting from an exploitative or subordinate relationship, and particular emphasis is also given to the responsibility of public administrations, companies and schools int h
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