The short answer: regulated by law, with rising enforcement and public attention. China has built an anti-discrimination framework, and the Civil Code makes preventing workplace sexual harassment an explicit legal duty of employers.
Legal basis
- Articles 3 and 26 of the Employment Promotion Law: employment discrimination is prohibited and employers must not practice it.
- The Law on the Protection of Women's Rights (2022 revision), Article 43: employers must not discriminate by sex in recruitment (hiring); Article 46: promotion, rank advancement, professional titles, and training must follow gender equality without discrimination.
- Article 46: promotion, rank advancement, and professional-title evaluation must follow gender equality without discrimination.
- Article 1010 of the Civil Code: employers must take reasonable measures to prevent and stop sexual harassment by those abusing authority or subordination.
Key points
- Discrimination based on ethnicity, race, gender, religion, etc. is prohibited.
- Employers bear a proactive legal duty to prevent workplace sexual harassment — it is not "the employee's own problem".
- Build clear anti-discrimination and anti-harassment policies, and run regular training.
- Handle complaints promptly — receive, investigate, act, and keep records.
Practical tips
- Avoid discriminatory wording in job ads, interview questions, and promotion criteria.
- Set up a complaint channel, handle cases promptly, and keep records.
Note for foreign employers
- Make anti-harassment training for managers a formal program with records.
Chinese employees have historically been less likely to pursue formal claims, with many issues handled internally, but public attention on gender-related workplace issues is rising fast. Building the policies early is the cheapest form of compliance. Need policy support? Contact CRBPO.
About CRBPO
Founded in 2003, CRBPO (中瑞岳华) is a professional HR service provider with 20+ years in the China market, offering executive search, RPO recruitment, staffing & dispatch, global EOR, tax & accounting, and monthly HR subscription — across 30+ cities — to help foreign companies run compliant, efficient operations in China.
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