On January 21, 2025, a social media user named "Huang Maomao" alleged on social media that she had suffered verbal abuse and physical assault by well-known Chinese celebrity Zhang Dada (legal name: Zhang Wei, 张韡) in the workplace.
In the early morning of January 26, 2025, Wuyou Media (无忧传媒), Zhang’s talent agency, issued a statement acknowledging that a dispute arose between the parties over script revisions. The agency confirmed that a verbal altercation occurred but stated that whether physical violence took place remains disputed. The company subsequently suspended all business engagements with Zhang Dada and announced an ongoing internal investigation.
How to Collect Evidence of Workplace Bullying in China (如何收集职场霸凌证据？)
Multiple legal experts, in interviews with The Paper (澎湃新闻), emphasized that evidence collection is critical in workplace bullying cases. Under Chinese labor and civil law, the burden of proof rests with the victim, making thorough documentation essential. The most persuasive forms of evidence include audio recordings, video footage, witness affidavits, and written correspondence.
1. Audio and Video Recordings (录音与视频证据)
Under Article 68 of the Civil Procedure Law (《中华人民共和国民事诉讼法》第68条), any audio or video evidencemust be authentic, legally obtained, and relevant to the case to be admissible in court. Clear recordings capturing verbal abuse, threats, or physical violence can significantly strengthen a victim’s legal claim.
2. Witness Testimony (证人证言)
Legal experts told The Paper that witness statements can serve as critical supporting evidence. If colleagues or third parties observed the bullying, their written affidavits or testimony can enhance the credibility of the claim. Under The Supreme People’s Court’s Provisions on Civil Litigation Evidence (《最高人民法院关于民事诉讼证据的若干规定》), witnesses should document specific details, including:
The time and date of the incident
The location of the bullying
Exact words or actions observed
3. Documentary Evidence (书面材料证据)
Key documents that can support a workplace bullying case include:
Emails, chat records, and text messages that demonstrate inappropriate behavior.
Internal complaints to HR or management, along with any official responses.
Medical reports or psychological evaluations if the bullying led to emotional distress or physical harm.
If the employer failed to act after a complaint was filed, these records may also support a claim for employer negligence.
4. Surveillance Footage (监控录像)
If the incident occurred in a workplace with security cameras, the victim may request access to surveillance footagefrom the employer. If the employer refuses, law enforcement or the court may issue a subpoena for the video evidence.
Legal Remedies for Workplace Bullying in China (职场霸凌受害者如何维权？)
Legal experts interviewed by The Paper noted that workplace bullying may involve labor law violations, civil tort liability, administrative penalties, and even criminal charges. The appropriate legal remedy depends on the severity and impact of the bullying.
1. Labor Law Remedies (劳动法救济措施)
Under Articles 3 and 42 of the Labor Law (《中华人民共和国劳动法》第3条、第42条), employers are obligated to maintain a safe and respectful work environment. If an employer fails to protect employees from harassment or workplace violence, victims may:
File a labor complaint with the Labor Supervision Bureau (劳动监察部门).
Request arbitration through the Labor Arbitration Commission (劳动仲裁委员会) for wrongful termination, forced resignation, or retaliation.
2. Civil Liability (民事责任：侵权诉讼)
If workplace bullying results in physical, emotional, or reputational harm, the victim may file a civil lawsuit under Article 1165 of the Civil Code (《中华人民共和国民法典》第1165条), seeking compensation for:
Intentional infliction of emotional distress (精神损害赔偿)
Defamation (名誉权侵害), if public humiliation or false statements were involved
Battery (故意伤害), if physical violence occurred
Employer negligence (用人单位未尽安全保障义务), if the company failed to intervene
3. Administrative Penalties (行政处罚：治安管理处罚法)
Under Article 43 of the Public Security Administration Punishment Law (《中华人民共和国治安管理处罚法》第43条), perpetrators of physical assault or verbal harassment may face:
Fines (罚款)
Administrative detention (行政拘留), depending on the severity
4. Criminal Liability (刑事责任：故意伤害罪与侮辱罪)
In more serious cases, workplace bullying may lead to criminal prosecution. If the victim sustains minor injury (Grade 2) or worse (轻伤二级以上), the perpetrator may be charged with:
Intentional Injury (故意伤害罪, Article 234 of the Criminal Law) – punishable by imprisonment, detention, or fines.
Defamation or Public Insult (侮辱罪, Article 246 of the Criminal Law) – if the bullying involved public humiliation or malicious falsehoods.
Employer Liability: How Companies Can Prevent Workplace Bullying (企业如何防范职场霸凌？)
The Zhang Dada case has sparked national discussions about corporate responsibility in preventing workplace harassment. Legal experts interviewed by The Paper emphasized that employers have a legal duty to prevent, investigate, and remediate workplace bullying.
To comply with Chinese labor law, employers should implement:
A clear workplace harassment policy (职场霸凌防范政策)
A confidential complaint mechanism (匿名举报机制)
Mandatory workplace training on bullying and harassment prevention
Strict disciplinary measures against offenders
Employers who fail to take action after being informed of workplace bullying may face legal consequences for negligence under Chinese employment law.
Final Thoughts: Legal Obligations and Employer Responsibilities
Legal experts interviewed by The Paper stated that preventing workplace bullying is both a corporate ethical responsibility and a legal obligation. Companies that fail to act may face civil liability, labor disputes, or administrative penalties. By establishing a strong anti-harassment framework, employers can reduce legal risks, improve workplace culture, and protect employees' well-being.