Convention No. 190 builds on the understanding that no one should be subject to violence and harassment in the world of work (ILO 2018b).
Article 2
- This Convention protects workers and other persons in the world of work, including employees as defined by national law and practice, as well as persons working irrespective of their contractual status, persons in training, including interns and apprentices, workers whose employment has been terminated, volunteers, jobseekers and job applicants, and individuals exercising the authority, duties or responsibilities of an employer.
- This Convention applies to all sectors, whether private or public, both in the formal and informal economy, and whether in urban or rural areas.
For this reason, its scope of protection is broad and goes beyond employees (Art. 2), and ensures protection to all “workers” irrespective of their contractual status, both in the formal and informal economy, and whether in the private or public sector (ILO 2019b; 2018b). 11 Moreover, the reference to “other persons in the world of work” further broadens the scope to cover persons in training, including interns and apprentices; jobseekers; volunteers and people whose contracts have been terminated, as well as “individuals exercising the authority, duties or responsibilities of an employer” (ILO 2018b; 2019b). It is important to recall that this broad scope of protection is in line and consistent with the latest statistical definition of “work”, as adopted by the International Conference of Labour Statisticians. It covers all jobs and work activities in all forms of work. 12
Box 5. Extending protection beyond employees
Recent labour law reforms seem to be moving in this direction and to extend protection against violence and harassment in the world of work to a variety of individuals, regardless of their contractual status.
Canada: The 2020 Standards for Work-Integrated Learning Activities Regulations specify that labour standards protections in relation to harassment and violence are applicable to unpaid student internships in the federally regulated private sector.
Gabon: The 2016 Law on the Fight against Harassment in the Workplace extends protection against harassment, moral and sexual harassment to all employees, civil servants and trainees (art. 3).
Japan prohibits harassment directed towards subordinates, but also towards superiors. Power harassment can happen between colleagues as well as workers with different employee statuses, such as permanent employees and contract workers (Power Harassment Prevention Act, 2020) (Library of Congress 2020).
The Philippines prohibits sexual harassment at work among peers, against a superior and against subcontracted employees (Safe Spaces Act, 2018).
Ireland: The Code of Practice on Bullying at work specifies that bullying at work can involve people in many different work situations and at all levels:
manager/supervisor to employee;
employee to supervisor/manager;
one employee to another (or group to group);
customer/supervisor/manager to business contact;
client/customer to employee.
Latvia: According to the Law on Support for Unemployed Persons and Persons Seeking Employment as adopted on 9 May 2002 (last amended on 16 April 2020), unemployed persons, persons seeking employment, and persons subject to the risk of unemployment are protected from discrimination due to their sex, race or ethnic origin, and from conduct which is unwanted in the opinion of this person (including a conduct of a sexual nature), with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment. According to the last amendments on 16 April 2020 the owners of micro entities and self-employed persons without income are covered by the Law until the end of 2020.
United States (New York State): In 2018, New York State expanded its protection against sexual harassment to cover independent contractors, subcontractors, consultants, and each of their employees, any other person providing services pursuant to a contract in the workspace, such as equipment repair and cleaning, and “non-employee” designations, such as “gig” workers, temps, or interns (paid or unpaid) (Zweig 2020).
South Sudan: Article 7 of the 2017 Labour Act states, “No person shall sexually harass an employee or an employer.”
This broad scope of protection is at the origin of the “inclusive approach” called for by Convention No.190. Given the diverse range of individuals protected by the Convention, a one-size-fits-all solution would have not been able to provide effective protection to everyone, as measures need to recognize and take into account the specificities and vulnerabilities of each individual or group, the different sectors or occupations where they operate, as well as work arrangements through which they provide work or are provided work, including possible interaction with third parties, where applicable.
2.2.1 Ensuring inclusion through accessibility
With a view to providing effective protection from violence and harassment in the world of work, particularly to individuals or groups in vulnerable situations, Convention No. 190 has a strong focus on ensuring accessibility. The promotion of an inclusive workplace culture – including through reasonable accommodation – is essential to ensuring equality of opportunity and treatment, to protecting against discrimination, and to preventing and addressing violence and harassment. According to Convention No. 190 and Recommendation No. 206, accessibility is a core element to facilitate prevention, enforcement and redress, and awareness raising. The different needs of people with disabilities, individuals belonging to ethnic minorities, and migrant workers, among others, should be taken into account. In this regard, Convention No. 190 requires that tools, guidance, education and training be provided in accessible formats, which is essential for widespread and inclusive awareness raising (Arts 4(2)(g) and 11(b)). Information and training on the hazards and risks of violence and harassment, as well as on associated prevention and protection measures, also need to be in accessible formats (Art. 9(d)). Regarding enforcement, the Convention requires Members to ensure easy access to reporting and dispute resolution mechanisms and to remedies (Art. 10(b)). This would include ensuring that processes are accessible to all workers and other persons concerned on an equal basis.
Box 6. Ensuring accessibility in preventing and addressing violence and harassment in the world of work: Selected examples concerning people with disabilities
European Union: In the Union of Equality Strategy for the Rights of Persons with Disabilities 2021–2030, emphasis is placed on improving access to justice, legal protection, freedom and security for persons with disabilities through digitalization of judicial systems and scaled up accessibility of digital environments and communications. This includes increasing the accessibility of European Union (EU) law and policies, as well as providing training for staff and supporting learning of interpretation in International Sign Language. 13 The Action Plan on web accessibility aims at ensuring that EU websites, documents published on these websites, and online platforms comply with European accessibility standards (European Commission 2021).
India: The Rights of Persons with Disabilities Act (Act No. 49 of 2016) calls for the Government to take appropriate measures to prevent and protect persons with disabilities from all forms of abuse, violence and exploitation.
Ireland: The Irish Harassment Order, 2012, includes both accessibility regulations for people with disabilities and for people who do not speak English. It specifically requires that the content, form and implementation of the policy and procedures should be accessible to all, with adjustments made and steps taken to ensure accessibility, in particular for people with disabilities. Examples would include the translation of policies and procedures into Braille or large print formats, or the making signers available. The Order also states that certain measures may be necessary to ensure the accessibility of policies and procedures – for example, the translation of policies and procedures into languages other than English, as appropriate, or the provision of interpreters.
Republic of Korea: The Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons was amended in 2018 to require annual training to improve employees’ awareness of disabled persons to eliminate bias in the workplace, to create stable working conditions and to expand employment of the disabled.
11 In light of the changing world of work, the broad formulation allows for the inclusion of workers in zero-hour contracts and other non-standard forms of employment, those working online in virtual workplaces or through platforms, and self-employed, home-based workers.
12 In 2013, the 19th International Conference of Labour Statisticians (ICLS) adopted Resolution I on “statistics of work, employment and labour underutilization”, which introduces a “conceptually revolutionary definition” of work that makes it clear that work can be performed in any kind of economic unit, including households and communities, and can also include services that are not provided in the context of market transactions. This definition includes – but also transcends – work for pay or profit, and comprises “any activity performed by persons of any sex and age to produce goods or to provide services for use by others or for own use”. In 2018, the 20th ICLS went one step further in its Resolution I by providing a new International Classification of Status at Work (ICSaW-18), which covers all jobs and work activities in all forms of work, including own-use provision of services. See ILO 2018d.
13 See Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services.