《民法典》时代职场性骚扰的人格权法规制

Regulations on sexual harassment in workplace upon the personality right of in the Civil Code

目前关于反职场性骚扰的研究多从劳动法角度展开,从民法角度的较少。我国《民法典》人格权编规定了反职场性骚扰条款,表明我国将采取不同于劳动法的规制路径。职场性骚扰侵犯了劳动者身体权或性自主权,也侵犯了其工作环境权和平等就业权。由此,雇主要对雇员执行职务的行为承担监督管理责任,而对工作中受害的雇员则要承担安全保障责任。我国目前没有专门规制职场性骚扰的立法,未来为充分适用《民法典》反性骚扰条款,可以借鉴域外经验制定专门反性骚扰立法,也可以对现有劳动法进行修订,以形成更加严密的反职场性骚扰法律体系。

There is little research on combating workplace sexual harassment from the perspective of civil law, though much from that of labor law. The Personality Rights section of China’s Civil Code includes provisions on combating workplace sexual harassment, indicating that China is taking a regulatory path different from labor law. Workplace sexual harassment violates the worker’s rights to bodily integrity and sexual autonomy, as well as their rights to a safe working environment and equal employment. Therefore, employers have a responsibility to supervise and manage their employees in performing their duties, while ensuring the safety and security of employees who are victims of harassment in the workplace. Currently, there is no special law in China on regulating workplace sexual harassment. In the future, to fully implement the provisions on combating sexual harassment in the Civil Code, we can make special laws against sexual harassment or revise existing labor laws to establish a more comprehensive legal framework for combating the offense.