The Legislative Assembly has approved, in a second debate, Convention 190 of the International Labour Organization (ILO), the first international treaty that recognizes the right of every person to a work environment free from violence and harassment, including behaviors motivated by gender.
By ratifying the convention, the country commits internationally to adopt legislation requiring employers to take appropriate and proportionate measures, according to their level of control, to prevent, address, and sanction violence and harassment in the world of work, with an emphasis on gender-based violence.
Who does the convention protect? All employees, regardless of their contractual status. This includes trainees, interns, apprentices, dismissed workers, volunteers, job seekers, job applicants, and individuals exercising the authority, duties, or responsibilities of an employer.
Where does it apply? The convention extends its scope beyond the physical workplace to other locations where wages are paid, meals are consumed, rest is taken, sanitary services are provided, social events occur, training, work-related travel, digital communications related to work, employer-provided accommodation, and commutes between home and the workplace.
Employer’s Main Obligations:
- Adopt a specific workplace policy on violence and harassment, in consultation with employees.
- Include these risks in occupational health and safety management, with special attention to psychosocial risks.
- Identify and assess hazards with employee participation.
- Implement effective preventive and control measures.
- Train and inform about risks, rights, and protection mechanisms.
What does this mean for your organization? Since the country will need to develop additional legislation on this matter, it is recommended to carry out a comprehensive review of labor policies and human resource management processes—particularly those related to the prevention, response, and sanctioning of workplace violence and harassment.
When does it take effect? Once the instrument of ratification is deposited with the ILO, a 12-month period will begin before the convention enters into force, unless a different date is specified upon deposit.
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