On Employer Responsibility Of Sexual Harassment In Workplace

Sexual harassment occurs frequently in all fields of society,especially in the workplace.It is inevitable for everyone to join the workplace in social life,and the workplace is an important platform for individuals to show themselves,win respect and realize value.However,it is precisely in the workplace with subordinate relationships that workplace sexual harassment is more likely to breed the breeding environment,and cause damage to the rights of workers and the reputation of enterprises,and even destroy the order of the workplace environment.Therefore,this paper chooses the workplace sexual harassment to discuss.Article 1010 of the Civil Code provides for the obligation of the employer to prevent sexual harassment,in which the employer is the key.The dual identity of the employer and the characteristics of pre-prevention can play a key role in preventing the occurrence of this behavior at the source in the workplace and curbing the further expansion of the harm.Starting from the basic connotation of sexual harassment,this paper will further explore how employer responsibility can play a greater role in workplace sexual harassment from the perspective of employer responsibility,so as to protect the rights of victims in workplace sexual harassment,so as to ensure that employers’ responsibility for sexual harassment in the workplace is not lacking,and the path of responsibility is smooth.The research content of this paper includes four parts.The first part is the explanation of employer responsibility theory of workplace sexual harassment.First of all,understand the basic meaning of workplace sexual harassment,and clarify the basic meaning and elements of workplace sexual harassment at present.Secondly,according to the international mainstream classification,workplace sexual harassment is divided into hostile environment type and exchange type sexual harassment,which has different performance and corresponding subsequent responsibility.Thirdly,the affirmation that the object of sexual harassment in the workplace is the right to personal dignity is conducive to clarifying the content of the employer’s responsibility.There will be corresponding relief measures to bear the responsibility of the tort,and there is no dispute that sexual harassment in the workplace is a tort.Finally,understanding the theoretical basis of the responsibility of employer responsibility and the current practice of other countries(regions) in the world on the principle of employer responsibility for workplace sexual harassment,clear its application of workplace sexual harassment,pave the way for further exploring the application of employer responsibility on the legal issue of workplace sexual harassment in our country,distinguish different types of workplace sexual harassment responsibility.The second part,workplace sexual harassment employer liability in our country’s system status and existing problems.Through the provisions of the existing law,it is found that the general principle and the lack of specific legal consequences responsibility.In addition to the protection mode of workplace protection,the right relief has turned into a multifaceted protection mode,but the applicable liability regulation is still controversial.At the same time,there are some problems that need to be solved,such as the nature of the employer’s responsibility,the unclear distribution relationship between the employer and the perpetrator,the mechanical understanding of the content of the employer’s prevention and control obligation,the imbalance of the case victory situation caused by the employer’s evidentiary ability advantage,and the lack of specific provisions on the employer’s responsibility under Article 1010 of the current Civil Code.In Taiwan,there is a relatively perfect mechanism for the employer to bear the responsibility for sexual harassment in the workplace,such as equitable relief when the fault principle cannot be adopted to relieve the victimThe third part is the regulation of employer’s liability for sexual harassment in extraterritorial workplace.Sexual harassment is common in the workplace.Learn from it and learn from it.Differentiating the different types of liability for sexual harassment in the workplace helps to further clarify the distribution of responsibility.To avoid getting into disputes over excessive responsibilities of employers,Australia has a relatively complete set of employer obligations review content to facilitate court review in litigation.Among the regulations of the countries and regions of the civil law system,Japan has established the blacklist system of enterprises,and even faces administrative responsibility if enterprises fail to rectify in accordance with the regulations,and the administrative departments will work together to prevent and punish enterprises,forcing enterprises to prevent at the social level.The fourth part,the perfection of employer liability system of workplace sexual harassment in China.First of all,the type of workplace sexual harassment makes a preliminary division for the employer’s responsibility.Clarify the nature of the employer’s liability and distinguish the principle of liability under different types of employer’s liability,deal with the liability relationship between the employer’s liability and the perpetrator,and reverse the burden of proof is applicable in the hostile environment type sexual harassment.Secondly,it is still necessary to ensure the prevention and control obligations of employers in the pre-prevention stage,carry out external supervision to ensure the effective implementation of internal rules and regulations,and create a social atmosphere for the whole society to fight sexual harassment.