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How to deal with sexual harassment in the workplace?
1. What is sexual harassment?
According to the provisions of Article 10 10 of the Civil Code, sexual harassment is carried out against the will of others by words, words, images, physical behaviors, etc. The victim has the right to ask the offender to bear civil liability according to law. Organs, enterprises, schools and other units shall take reasonable measures to prevent, accept complaints, investigate and deal with them, and prevent and stop sexual harassment by taking advantage of their authority and affiliation.
Second, what is sexual harassment in the workplace?
Sexual harassment in the workplace generally refers to the sexual civil tort expressed by workers in the workplace (including the recruitment stage) against the wishes of the other party through actions, language, pictures and words.
3. What are the qualitative elements of "sexual harassment in the workplace"?
Qualitative elements can be summarized as the following five points:
(1) mostly occurs during working hours and workplaces;
(2) The perpetrator and the victim have a superior-subordinate relationship and a colleague relationship in the same unit;
(3) The perpetrator harassed, except for common situations such as inappropriate use of words, pictures and words and unnecessary physical contact. , including the use of job promotion, performance appraisal, job transfer and dismissal and other pressures to make unreasonable demands;
(4) This behavior is detrimental to the victim's personality and dignity, and the victim is exclusive;
(5) This behavior exerts certain psychological pressure on the victim, leaving him in a coerced and humiliated working environment.
Fourth, how to protect the rights and interests of being sexually harassed in the workplace?
Although the Civil Code stipulates the responsibility of sexual harassment, according to the general civil procedure rule of "whoever advocates gives evidence", the parties are obliged to bear the burden of proof for their own claims, and failure to give evidence will bear adverse legal consequences. However, due to various reasons such as sexual harassment involving personal privacy, hidden location, difficulty in obtaining witness testimony, and the victim being in a weak position, there are still difficulties in safeguarding rights after sexual harassment in judicial practice. However, when victims encounter sexual harassment, they must stand up bravely and say "no" loudly to safeguard their legitimate rights and interests according to law. The following specific measures can be taken:
Be firm and don't blame yourself.
Please remember that it's not your fault, keep a rational attitude towards the reactions of people around you, refuse firmly and clearly when encountering sexual harassment, and remain brave and uncompromising.
Retain evidence quick report
Victims should collect relevant evidence in time, such as WeChat, SMS, telephone records, surveillance videos, communication photos, witness testimony, unit certificates, mediation records, hospital appraisal reports, medical records, etc. To prove the objective existence of sexual harassment. At the same time, paying attention to the legality and relevance of evidence collection and reporting in time are the keys to effective rights protection.
It is very important to call the police in time.
The victim can choose to call the police and ask the public security organ to handle it. The transcripts of public security organs' inquiries, administrative punishment decisions and other documents will become important evidence to determine whether there is sexual harassment.
Verb (abbreviation for verb) Sexual harassment cases in the workplace.
As the saying goes, nip in the bud, risk pre-control is always the best way to deal with problems with the lowest cost. The first time to find signs of sexual harassment in the workplace to prevent it, teach everyone how to deal with it correctly.
1. Taking promotion, salary increase or money as bait, trying to shake your position and force you to submit.
The male boss has harassed you many times, implying that you will be suppressed if you don't obey. It's definitely not your turn to get a promotion or a raise. If you obey, he will help you and give you a promotion and salary increase.
? Treatment: resist temptation, have integrity in your heart, and the life you want needs to be realized through your own efforts. Don't trust the promises of malicious people. To be an upright person, don't give in to the arrogance of others. What you want must be achieved through your own efforts, not through crooked ways. What's more, people with malicious intentions make promises only to achieve their goals, and may not really fulfill their promises. At that time, you will suffer from YaBaKui and say nothing.
2. Create opportunities to be alone with you and wait for opportunities to hug you or touch sensitive parts of your body.
After the company party, the leader named the new female employee to stay and sing K, held her hand and asked to sing "Love in Hiroshima" together. Singing "Crossing the boundary of morality, we have crossed the forbidden zone of love" deliberately disgusting, took the opportunity to hug female employees to rob.
? Treatment: avoid being alone, speak out bravely about making yourself uncomfortable, and stop each other with an unquestionable attitude. Private space, the atmosphere of solitude, makes it easy for the other party to have no scruples and escalate sexual harassment. If the other person wants to be alone with you, you must find reasons to shirk it and resolutely don't let the other person have room for success. If you really can't escape, you can pull your colleagues together and have one more witness, and the other party will be afraid and dare not make a move. If the other person touches a sensitive part of your body intentionally or unintentionally, speak out bravely and make your position clear so that the other person can learn to respect you.
Arrange for you to go on a business trip with him, and find various reasons to let you go to his room in the hotel at night.
The company director arranged for you to go on a business trip with him, in the same hotel. In the evening, the director called you and said that he wanted to discuss business issues with you and asked you to report in his room.
? Solution: Don't give the other person a chance to be alone in private space, find reasons to shirk, talk about work another day, or make an appointment to talk about work in a crowded public place. You know, a decent gentleman will take the initiative to avoid suspicion, and will never invite his subordinates to his room to talk about work, so as not to arouse the suspicion of his staff Li. Therefore, those who talk to you about work in the hotel room are all excuses made by the devil wears Prada, trying to take advantage of others in private space and even coercing others to submit. You asked to talk about work the next day on the grounds that you didn't want to disturb each other's rest. If the other person forces you on the grounds of urgency, then you can invite him to a crowded public place. In this way, the other party can understand that you have seen through his intentions, and at the same time, they dare not do anything out of line in public.
Sexual harassment is the most shameful thing. Behavior itself violates moral customs, and it is disgraceful to go anywhere. Therefore, in the face of harassment, don't be afraid, because the more timid and afraid, the more it will make the other person worse, and the easier it will be to eat tofu. The workplace is very complicated, but the more complicated it is, the more human nature makes it. We must keep the bottom line. In the face of such a thing, we must dare to say "no"
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