Page 7 - THE SOUTH CHINA BUSINESS JOURNAL
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March 8, 2023, six government Also, the model articles in the document
departments, including the Ministry of also contain concrete implementation and
Human Resources and Social Security (MOHRSS) supervision measures for companies’ reference.
issued two documents: the Rules for the Special For example, Article 21 stipulates companies
Labor Protection of Female Employees in the should appoint a specific department for the
Workplace (Reference Text) and the Rules for implementation of the company’s female
the Elimination of Sexual Harassment in the employee protection rules; Article 22 stipulates
Workplace (Reference Text). that a supervision team should be formed
to conduct regular checks regarding the
These two documents are intended to improve implementation of the companies’ female
the special labor protection for female protection situation; and Article 23 suggests
employees and further eliminate sexual that companies should provide effective
harassment in the workplace, by providing complaint channels to female employees and
reference texts to employers when they develop ensure proper complaint management.
internal rules and regulations regarding female
employee management and when they sign Rules for the Elimination of
labor contracts with female employees. Sexual Harassment in the
Workplace (Reference Text)
The guidelines draw on a range of Chinese laws
and regulations, including the PRC Labor Law, This document provides a model system
the PRC Labor Contract Law, and the Law on the designed to eliminate sexual harassment in the
Protection of Women’s Rights and Interests. workplace. Among others, it emphasizes the
public commitments employers should make to
In this article, we introduce these two eliminate sexual harassment in the workplace,
reference documents and analyze their as well as contents related to publicity and
implications on female employee management training, employee complaints management,
and protection in the workplace. investigation and disposal, and the role of trade
unions in sexual harassment supervision.
Rules for the Special Labor
Protection of Female Employees Compared to other laws and regulations on sexual
in the Workplace harassment prevention, the definition of sexual
(Reference Text) harassment in the newly released reference text is
more specific and broader in scope.
This document is a reference text for
employers when they develop internal rules To be more specific, it stipulates that “sexual
for special workplace labor protections for harassment refers to an act that, against the
female employees. will of another person, makes others feel
uncomfortable with sexual associations
The document has 26 model articles and by language, expression, action, text, image,
covers a range of issues, including non- video, voice, link or any other means,
discrimination in recruitment, equal pay for regardless of whether the perpetrator has
equal work, special protections for female harassment or any other improper purpose
employees, and the prevention of sexual or intention.”
harassment in the workplace.
The emphasis on the victim’s perception than
The document does not create new rules. the harasser’s intentions will better protect
Rather, it transfers and consolidates the female employees in the workplace sexual
scattered female employee protection clauses in harassment scenario, according to experts.
different laws and regulations into streamlined
reference articles, which are easy for employers Besides, the reference document also covers
to adopt and implement. the publicity and training efforts needed
to prevent and stop workplace sexual
For example, in the fertility protection section, harassment, as well as the importance of
the document summarizes all relevant establishing proper reporting and complaining
protections for female employees during channels and protocols.
their menstruation, pregnancy, maternity, and
breastfeeding period. Moreover, the articles in this reference
document highlight the importance of protecting
SOUTH CHINA BUSINESS JOURNAL 4
departments, including the Ministry of also contain concrete implementation and
Human Resources and Social Security (MOHRSS) supervision measures for companies’ reference.
issued two documents: the Rules for the Special For example, Article 21 stipulates companies
Labor Protection of Female Employees in the should appoint a specific department for the
Workplace (Reference Text) and the Rules for implementation of the company’s female
the Elimination of Sexual Harassment in the employee protection rules; Article 22 stipulates
Workplace (Reference Text). that a supervision team should be formed
to conduct regular checks regarding the
These two documents are intended to improve implementation of the companies’ female
the special labor protection for female protection situation; and Article 23 suggests
employees and further eliminate sexual that companies should provide effective
harassment in the workplace, by providing complaint channels to female employees and
reference texts to employers when they develop ensure proper complaint management.
internal rules and regulations regarding female
employee management and when they sign Rules for the Elimination of
labor contracts with female employees. Sexual Harassment in the
Workplace (Reference Text)
The guidelines draw on a range of Chinese laws
and regulations, including the PRC Labor Law, This document provides a model system
the PRC Labor Contract Law, and the Law on the designed to eliminate sexual harassment in the
Protection of Women’s Rights and Interests. workplace. Among others, it emphasizes the
public commitments employers should make to
In this article, we introduce these two eliminate sexual harassment in the workplace,
reference documents and analyze their as well as contents related to publicity and
implications on female employee management training, employee complaints management,
and protection in the workplace. investigation and disposal, and the role of trade
unions in sexual harassment supervision.
Rules for the Special Labor
Protection of Female Employees Compared to other laws and regulations on sexual
in the Workplace harassment prevention, the definition of sexual
(Reference Text) harassment in the newly released reference text is
more specific and broader in scope.
This document is a reference text for
employers when they develop internal rules To be more specific, it stipulates that “sexual
for special workplace labor protections for harassment refers to an act that, against the
female employees. will of another person, makes others feel
uncomfortable with sexual associations
The document has 26 model articles and by language, expression, action, text, image,
covers a range of issues, including non- video, voice, link or any other means,
discrimination in recruitment, equal pay for regardless of whether the perpetrator has
equal work, special protections for female harassment or any other improper purpose
employees, and the prevention of sexual or intention.”
harassment in the workplace.
The emphasis on the victim’s perception than
The document does not create new rules. the harasser’s intentions will better protect
Rather, it transfers and consolidates the female employees in the workplace sexual
scattered female employee protection clauses in harassment scenario, according to experts.
different laws and regulations into streamlined
reference articles, which are easy for employers Besides, the reference document also covers
to adopt and implement. the publicity and training efforts needed
to prevent and stop workplace sexual
For example, in the fertility protection section, harassment, as well as the importance of
the document summarizes all relevant establishing proper reporting and complaining
protections for female employees during channels and protocols.
their menstruation, pregnancy, maternity, and
breastfeeding period. Moreover, the articles in this reference
document highlight the importance of protecting
SOUTH CHINA BUSINESS JOURNAL 4
