Discuss On The Right And Obligation Of Employer Investigating And Handling Sexual Harassment In The Workplace

Civil Code of the People’s Republic of China regulates employer’s obligation of preventing,investigating and handling sexual harassment in the workplace.However,the Civil Code does not specify the legal liability of the employer for failing to take appropriate measures to prevent and response to sexual harassment in the workplace,and those measures often involves the traditional issues of labor law,such as discipline for harassment,unjust termination and wrongful dismissal,resulting in the legal nature and legal effect of the fact that the employer investigates and handles sexual harassment in the workplace remains ambiguous.On the basis of the discussion of the definition of sexual harassment in the workplace and employer’s investigation and handling,this paper analyses the legal relationship involved in the post-incident stage of sexual harassment in the workplace and holds that the investigation and handling of sexual harassment in the workplace by the employer is both a right and an obligation.When the employer investigates and handle sexual harassment in the workplace as a right,its jurisprudence is based on the subordination of the employee and the application of the implied contract clause system in private law;when the employer investigates and deals with sexual harassment in the workplace as an obligation,its jurisprudence is based on the employee’s right for a safe working environment and the trendency of the socialisation of private law.Therefore,the right and obligation of the employer to investigate and handle sexual harassment in the workplace does not fall within the scope of traditional private law.What’s more,it is not appropriate to place it under the framework of anti-discrimination law from the perspective of social reality and legal application.In all,the employer’s right and obligation to investigate and handle sexual harassment in the workplace belongs to labour law as social law.In order to ensure that the employer fulfils its obligation to investigate and handle sexual harassment in the workplace,it is necessary to regulate the employer in labour law.Firstly,legislation should be enacted to clarify the procedures for the employer’s right and duty to investigate and handle sexual harassment in the workplace;secondly,it is necessary to make a employer liability clause,which means the employer is liable for failing to investigate and handle sexual harassment in the workplace.