China
Overview
Please review the information below and then return to the workplace harassment prevention course.
If you work in Hong Kong, please also review the information about Hong Kong equal employment opportunity law here.
If you work in Taiwan, please review the information below and the information about Taiwan’s equal employment opportunity law here.
When you have completed your review, please return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national law prohibiting employment discrimination is the Law on Employment Promotion 2015. Other antidiscrimination laws include:
- The Labour Law of 2018
- The Labour Contract Law of 2012
- Special Provisions on Labour Protection of Female Workers 2012
- The Law on Protection of Women’s Rights and Interests 2022
- The Law on the Protection of Disabled Persons 2018
- Regulations on Work-Related Injury Insurance 2010
- Regulations on Employment of Persons with Disabilities 2007
- The Law on Prevention and Treatment of Infectious Diseases 2013
- The Civil Code of 2020
Regional or local laws or regulations may also prohibit discrimination.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in China.
- Sex (including special protections that apply during a woman’s pregnancy, maternity and lactation periods)
- Carrying a contagious disease
- Migrant worker status (applies to migrants within China)
- Nationality, ethnicity, or religious belief
The prohibition on sex discrimination in employment applies only to women.
Harassment or discrimination on the basis of other characteristics, such as age, appearance, gender identity and sexual orientation, could be the basis for a claim even though these characteristics are not enumerated in law.
Definitions
Workplace Harassment
Workplace harassment is not defined in law but is generally understood as referring to offensive conduct related to a protected characteristic which causes a person to feel intimidated, insulted or humiliated. Offensive conduct can include communication in speech or writing (including electronically), display of images, in addition to physical conduct.
Sexual Harassment
Sexual harassment is conduct that causes sexually-related discomfort against the will of another person, regardless of whether the perpetrator intended to commit the harassing behavior.
Filing a Claim in China
A complaint related to employment discrimination or harassment may be filed in court.
Female victims of sexual harassment may request the competent public security authority to take administrative action against the harasser.
Potential Remedies
In China, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment. Potential remedies are listed below.
- Compensation for lost wages and benefits
- Damages for emotional distress
- An apology from the employer or perpetrator
Retaliation Prohibited
Chinese law does not expressly prohibit retaliation against an employee who brings a claim relating to or reports discrimination or harassment.
However, many employers prohibit retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.