On the internal control of sexual harassment in the workplace:take the specific structure and implementation mechanism of paragraph 2 of article 1010 of the civil code as the core
The #MeToo movement and several recent cases of sexual harassment scandals involving directors and executives of well-known companies in China show that:regulating workplace sexual anomie,prevent-ing its adverse impact on company interests and shareholders'rights,and soothing the trauma caused by ano-mie behavior to vulnerable groups has increasingly become a new challenge of corporate risk internal control.Although the progressive new Article 1010"anti-sexual harassment"clause of the Civil Code and the estab-lishment of a trinity of reasonable"preventive measures","measures for accepting complaints"and"measures for investigation and handling"of sexual harassment private law internal control response mechanism,A pan-oramic empirical study of internal control documents disclosed by a total of 5,000 listed companiesshows that this is only at the symbolic level of corporate compliance,and the solution to workplace sexual harassment will eventually lead to the regulation that the victim has no choice but to speak out,and then force the compa-ny to resolve it internally.We should take the second paragraph of Article 1010 of the Civil Code as the target,and under the premise of respecting the autonomous setting and construction mode of corporate internal con-trol measures,we should refine and improve the specific composition of corporate sexual harassment internal control measures,using legislative theory and interpretation theory.The key to solving sexual harassment in the workplace is to establish a mechanism for implementing internal and external control measures.This will not only promote the neglected topic of sexual harassment in corporate risk internal control in the post-MeToo era,but also further realize more essential gender equality and gender care.
internal controlworkplace sexual misconductreasonable preventive measurescomplaint accep-tance measuresinvestigation and handling measures
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