论职场性骚扰的劳动法规制

On Labor Law Regulation of Workplace Sexual Harassment

近年来,职场性骚扰问题屡见不鲜,带来了诸多社会问题。2022年10月30日,第13届全国人大常委会审议通过了新修订的《妇女权益保障法》,对之前的职场性骚扰的相关规定进行了整合,新增了防治职场性骚扰的相关规定。尽管只是原则性的宣示,缺乏具体的内容。但仍然给以劳动法规制职场性骚扰提供了改革的方向和依据。从我国职场性骚扰的劳动法规制现状来看,我国对职场性骚扰的规制目前存在许多问题。目前认定职场性骚扰缺乏统一标准,并且难以确定职场性骚扰相关人员的责任,并且职场性骚扰的发生十分隐蔽,受害人很难举证并且难以得到事后救济。针对我国的立法和司法经验,为解决这一困境,应明确规范职场性骚扰中的责任主体,明确各个责任主体应当承担的责任类型,并且通过事后救济,充分保护劳动者的合法权益。

In recent years,the problem of workplace sexual harassment has been common,which has brought many social problems.On October 30,2022,the Standing Committee of the 13th National People’s Congress deliberated and passed the newly revised Women’s Rights Protection Law,which integrated the previous provisions on workplace sexual harassment and added the relevant provisions on the prevention and treatment of workplace sexual harassment.Although it is only a declaration of principle and lacks concrete content,it still provides a direction and basis for reform of the labor law regime against sexual harassment in the workplace According to the current situation of the labor law regulation of workplace sexual harassment in China,there are many problems in the regulation of workplace sexual harassment in China.At present,there is a lack of unified standards for identifying workplace sexual harassment,and it is difficult to determine the responsibility of those involved in workplace sexual harassment,and the occurrence of workplace sexual harassment is very hidden,and it is difficult for victims to prove and get relief afterward.According to our country’s legislative and judicial experience,in order to solve this dilemma,we should clearly regulate the responsible subjects in the workplace sexual harassment,clarify the types of responsibilities that each responsible subject should undertake,and fully protect the legitimate rights and interests of workers through after-action relief.