CHINA Law and Practice Contributed by: Yang Cheng, Songshan Liu, Yan Yu and Weina Wang, Lantai Law Firm
framework provides baseline protection for employ - ees reporting illegal employment practices and implies confidentiality and non-retaliation. More explicit whistle-blower regimes exist in regulated sectors such as work safety, food and drug safety, and securities regulation. These regimes generally protect insiders who report illegal conduct or major risks in good faith, impose confidentiality obligations, pro - hibit retaliation, and in some cases provide rewards. Protection typically excludes organisers or principal wrongdoers. Across regimes, protection focuses on good-faith reporting of illegality or serious compliance risks, rather than ordinary workplace disputes. Confiden - tiality of identity and prohibition of retaliation are the core safeguards. Although framed as regulatory duties, these rules directly constrain employers. Once a report involves legally protected subject matter, employers must maintain confidentiality, avoid retaliation, and co- operate with verification, including in HR internal investigations. 8.2 Sexual Harassment and/or Violence China has a multi-layered legal framework address - ing sexual harassment and violence, although there is no single statute dedicated to whistle-blowing or HR investigations. Protection is primarily based on the following: • Civil Code; • Law on the Protection of Women’s Rights and Interests; and • public security regulations. Sexual harassment is defined as unwelcome sexual conduct that infringes personal dignity or creates a hostile environment. The Law on the Protection of Women’s Rights and Interests prohibits harassment arising from abuse of power or superior–subordinate relationships and requires employers to establish pre - ventative measures, complaint channels, investigation procedures and confidentiality safeguards. Victims may pursue civil remedies, and courts regularly rec - ognise harassment in unequal power relationships.
Protection also extends to violence, stalking and per - sistent harassment, including post-relationship con - duct. Victims may apply for personal safety protection orders, which judicial practice and local regulations have expanded to cover stalking, threats and repeat - ed harassment. Employers bear affirmative duties of prevention and response, while stricter rules, including mandatory reporting, apply where minors are involved. Recent local measures further refine employer investigation and privacy obligations. In summary, although fragmented, China’s framework provides relatively comprehensive protection through the following: • employer duties; • investigation and confidentiality requirements; • civil remedies; • protection orders; and • administrative enforcement. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing China does not have a single, unified statute govern - ing discrimination, harassment or workplace bully - ing. Protection is provided through a fragmented but structured framework combining civil law, labour law, women’s rights protection, public security regulation and local legislation, with different types of miscon - duct regulated through different legal approaches. Sexual harassment is the most clearly regulated category. It is expressly defined in the Law on the Protection of Women’s Rights and Interests, which imposes affirmative prevention, investigation and confidentiality duties on employers, schools and pub - lic venue operators. Student bullying has also been incorporated into public security law and is subject to administrative intervention and reporting obligations. By contrast, workplace bullying or mobbing has no unified statutory definition and is primarily addressed through personality rights protection under the Civil Code, supplemented by internal labour rules and tort principles.
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