Study On Labor Law Regulation Of Workplace Sexual Harassment

Sexual harassment in the workplace is a common social problem in all countries.From the point of view of our situation,along with the rise of people’s awareness of rights,workplace sexual harassment issue gradually becomes a topic of people’s attention.In recent years,there are more and more cases of sexual harassment in the workplace,which have been widely discussed and concerned by all sectors of society.However,due to China’s legislation in the regulation of the imperfection of the workplace sexual harassment is,in the practice of the judge to treat workplace sexual harassment issues facing different understanding,such as applicable law standard to unified problem.In order to solve the problem of sexual harassment in the workplace,to provide more adequate theoretical support for the trial practice,we should recognize the situation of cases,actively learn from foreign advanced legislation experience,to speed up the pace of legislation,enrich our country related laws,to protect the interests of the victims,to be able to effectively maintain the normal order of the workplace and social harmony and stability,promote the harmonious development of society is good.From labor law regulation perspective,this paper tries to research on several problems of sexual harassment in the workplace,to suggest some improve workplace sexual harassment in our country at present stage,the full text is divided into five parts.The first part is the interpretation of the basic concept of workplace sexual harassment and the analysis of the current situation of legal regulation.This paper expounds the concept and characteristics of workplace sexual harassment,divides workplace sexual harassment into exchange type workplace sexual harassment and hostile environment type workplace sexual harassment,and introduces the legislation status of workplace sexual harassment from different legal levels.To lay the theoretical foundation for the following research on the regulation of workplace sexual harassment labor law.The second part is the theoretical basis and path choice of legal regulation of workplace sexual harassment.About sexual harassment in the workplace of the civil law regulating path,the path of administrative law and regulations,and labor regulations were analyzed,and the selected this paper argues that the most suitable for China’s path of regulating sexual harassment in the workplace e-labor law regulation,elucidate the reasons for choosing it.It also elaborates the theoretical basis of the labor law regulation:the theory of anti-gender discrimination,the theory of the protection of workers’ legal interests,and the theory of the right to work environment.Only clear regulation path can better regulate workplace sexual harassment.The third part is the regulation of workplace sexual harassment labor law existing problems.Based on the analysis of judicial practice,this paper summarizes the problems faced by Chinese labor law regulation in the present stage,firstly,it is lack of corresponding legislation of workplace sexual harassment labor law regulation.Secondly,the workplace sexual harassment supervision system is not perfect,the labor administrative department lacks the supervision of workplace sexual harassment,and the employer lacks the internal prevention and treatment mechanism.Finally,the labor legal relief mechanism of workplace sexual harassment is not perfect.The fourth part is the reference of overseas mature experience,through studying the mature experience of the United States,Japan and Chinese Taiwan labor law regulation of workplace sexual harassment,and get the enlightenment of establishing the employing unit’s responsibility system and paying attention to the combination of prevention and relief beforehand.The fifth part is to improve the regulation of workplace sexual harassment labor law.Firstly,to increase the content of regulations of workplace sexual harassment in the labor law system.It is suggested that workplace sexual harassment should be accurately defined in the Law on the Right to Work Environment,and the identification standards should be clarified and the responsibilities of employers should be regulated.Second,improve the prevention and control system of workplace sexual harassment.From the labor administrative department and the employer internal two aspects to do a good job of workplace sexual harassment supervision,do a good job in advance prevention.Third,the labor legal relief of workplace sexual harassment should be improved from three aspects:expanding the relief channels of labor law,perfecting the burden of proof,and optimizing the relief measures.