Employees facing sexual harassment at work may be unsure whether to report internally, contact an authority, or seek legal advice first. China’s Civil Code and Women’s Rights Protection Law address harassment and place prevention and response duties on employers. The right next step depends on safety, the conduct, the evidence available, and the outcome the employee needs.
This guide focuses on practical preparation. It does not assume that every report follows the same process or that an internal investigation will resolve a civil, employment, or criminal issue. Preserve reliable records, protect your privacy, and get advice before signing a settlement or resignation document.
Legal protections and employer duties
The Civil Code recognizes a person’s right to seek civil liability where another person sexually harasses them through words, text, images, or physical conduct contrary to their will. The Women’s Rights Protection Law prohibits sexual harassment and allows a victim to complain to relevant organizations or authorities, report to police, or bring a civil claim. It also requires employers to take measures to prevent and stop sexual harassment, including rules, training, complaint channels, investigations, and protective action.
Those provisions do not mean every workplace event automatically satisfies a legal claim. The nature of the conduct, available proof, employer response, harm, and applicable process all matter. A conduct issue may also overlap with workplace discipline, labor arbitration, civil liability, or criminal reporting, each with different requirements.
Preserve a clear record
Write down dates, locations, exact words or conduct, people present, and what happened after the incident. Preserve original chats, emails, photographs, access records, and any report or response from the employer. Keep a private copy where lawful and safe. Do not edit a message thread, secretly access another person’s account, or circulate sensitive material more widely than necessary.
If the conduct is repeated, maintain a dated log and record any witnesses. If health or safety is affected, seek appropriate support and keep relevant records. Consider whether the alleged harasser controls your schedule, evaluation, pay, or immigration-related employment documents; those facts may affect the immediate plan.
Choosing a reporting path
An employee may use an employer’s designated complaint channel, contact a relevant authority, report to police, or seek civil remedies. The best sequence depends on risk and the evidence. If an internal report is made, describe the conduct factually, state what protective action is requested, and ask how the complaint will be handled and how retaliation or unnecessary disclosure will be prevented.
Do not assume that an internal complaint automatically preserves every external deadline. If termination, pay loss, or another labor dispute follows, ask counsel promptly which labor procedure applies. Before signing a resignation, confidentiality clause, or settlement, understand what claims it may release.
First-step checklist
- Address immediate safety and use a secure way to communicate.
- Preserve original messages and a dated incident chronology.
- Identify the relevant employer policy and complaint contact.
- Record the action requested and the employer’s response.
- Get independent advice if the conduct continues or an employment action follows.
Sources: Civil Code, Article 1010; Women’s Rights Protection Law, Articles 23 and 25.
