In 2023 came into force the revised China Women’s Rights Protection Law or the Law on the Protection of Rights and Interests of Women at the workplace and society.
The new legislation imposes additional obligations on businesses when it comes to female employees and stipulates that employer that fails to take reasonable measures to prevent and stop sexual harassment could be subject to criminal litigation. Furthermore, personnel responsible for dealing with sexual harassment could be liable for administrative penalties.
What must you do today to comply with the China Women’s Rights Protection law?
I. During the recruitment process: prevent ALL gender discrimination.
Unfortunately, gender-based discrimination during the recruitment process is still very common in China. The following behavior must be avoided during the hiring process:
- Stipulating in any way that preference is given to male candidates.
- Enquiring about or making marital and maternal circumstances of female applicants a condition for employment.
- Requiring a pregnancy test during an entry health examination.
Learn more about Chinese Labour Law here.
II. During the employment: personal information protection and prevention of sexual harassment.
Protection of privacy and personal information
The new Law provides stronger protection of women’s privacy, personal data, and reputation. One of the things that business owners should keep in mind is to always get formal consent before using female employees’ pictures in marketing materials, exhibition windows, in online postings, etc.
Prevention of sexual harassment
For the first time at national level the Law on the Protection of Rights and Interests of Women provides employers with a comprehensive list of measures to take. Employers are required to develop a feasible reporting and prevention mechanisms including:
- Formulating rules and regulations prohibiting sexual harassment. We recommend integrating them into the Employee Handbook.
- Providing training to employees.
- Establishing/specifying responsible department or personnel.
- Setting up complaint telephone lines, mailboxes, etc. Establishing the investigation and complaint handling procedures.
- Installing necessary security measures to insure safe working environment.
- Encouraging and assisting victims in exercising their legal rights by providing support in submitting complaints with relevant governmental authorities and filing lawsuits with people’s courts.
Following these steps will also ensure evidence collection in case of disputes arising in the future.
Contact us, if you have questions about the new Women’s Rights Protection Law or require support with other HR and Payroll related issues.
S.J. Grand is a full service accounting firm focused on serving foreign-invested enterprises in Greater China. We help our clients improve performance, value creation and long-term growth.
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