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CHINA LABOR & EMPLOYMENT LAW UPDATE-July 2018

Submitted by Firm:
Jun He
Firm Contacts:
Jeffrey Wilson
Article Type:
Legal Update
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Jiangsu sexual harassment rules place new obligations on employers


Employers in Jiangsu now have the most extensive obligations in the country to combat
workplace sexual harassment against women pursuant to rules that came into effect on July
1, 2018. The province’s Special Provisions on Labor Protection of Female Employees require
employers to develop and implement sexual harassment policies, provide training to all
employees, ensure a work environment free of sexual harassment, create channels for
employees to file harassment complaints, handle complaints in a timely manner, and protect
the privacy of any employees involved in a complaint.
Significantly, the Special Provisions do not include a unique provision in an earlier draft that
would have given female employees the right to unilaterally terminate their employment and
receive severance pay if their employers did not fulfill any of the above obligations, even if the
women have not themselves been sexually harassed. This provision would have made failure
to protect female employees from sexual harassment grounds for constructive termination
under Article 38(1) of the Labor Contract Law. This termination ground has usually been
applied only when an employer has failed to protect employees from occupational injuries
and illnesses.
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