Chapter 2 | ILO C190 Guide

Manifestations of violence and harassment in the world of work are diverse and multifaceted, and have changed over time. The variety of conduct, practices or threats that may be covered under the general term “violence and harassment” is very broad, and the norms and perceptions of unacceptable behaviour vary across contexts and cultures. Taking these realities into consideration, Convention No. 190 provides for a broad notion of violence and harassment, and for a rights-based framework for its prevention and elimination.

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2.1. What is violence and harassment?

Convention No. 190 refers to violence and harassment as a single composite concept covering “a range of unacceptable behaviours, practices or threats thereof”, rather than providing a closed or uniform definition of what constitutes violence and/or harassment in the world of work.

Definitions

Article 1

For the purpose of this Convention:
- the term “violence and harassment” in the world of work refers to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment;
- the term “gender-based violence and harassment” means violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, and includes sexual harassment.
Without prejudice to subparagraphs (a) and (b) of paragraph 1 of this Article, definitions in national laws and regulations may provide for a single concept or separate concepts.

This approach allows for the flexibility needed to cover various manifestations of violence and harassment, including new ones that emerge over time (ILO 2018b). It also allows for “violence and harassment” to cover a wide range of terms found in different legislation to describe the same or similar phenomena (see figure 2). These laws often acknowledge that there is no clear line between violence and harassment (ILO 2018b; 2019b).

The definition in Article 1(a) is comprised of two elements. The first is the prohibited conduct, which encompasses “a range of unacceptable behaviours and practices, or threats thereof”. The use of the term “range” clarifies that violence and harassment can be understood to encompass conduct of different natures, which can be either independent behaviours or a combination of behaviours, including escalating ones (ILO 2018b). Whether a single occurrence may be sufficient to be considered violence and harassment, or whether it must be repeated conduct, in all cases such conduct must be “unacceptable”, based on subjective and objective considerations (ILO 2019b). To be unacceptable, this
conduct should “aim at, be likely to result or result in physical, psychological, sexual or economic harm”. The inclusion of “economic harm” along with physical, psychological and sexual harm ensures that all forms of violence and harassment are encompassed. Economic harm could consist of loss of income or property damages, but also restrictions in accessing financial resources, education or the labour market, including restricting a person’s ability to remain in or advance in the labour market.

Figure 2. Violence and harassment in the world of work: A broad range of terms

The definition does not include the intent as one of the constitutive elements.⁶ By not including intent, Convention No. 190 adopts a pragmatic and victim-centred approach, which focuses on the unacceptability of the conduct, practices or threats, and on their effect on victims. The absence of any reference to perpetrators in the actual text of Article 1 reinforces the purpose of the instruments, which is to prohibit all forms of violence and harassment in the world of work, regardless of their source, whether it be:

by or against individuals exercising the authorities, duties or responsibilities of an employer (vertical)
directed toward one’s peers (horizontal), or
involving third parties, such as clients, patients, passengers or customers.

While Convention No. 190 proposes a single concept covering violence and harassment, it takes into account the diversity of national legal systems and regulatory approaches, and allows States to opt for a single concept or separate concepts in their definitions in national laws and regulations (Art. 1(2)), while ensuring that all the elements of the definition provided by Convention No. 190 are respected (ILO 2019e; 2019b). This provision relates directly to the obligation stemming from the Convention to “define and prohibit violence and harassment in the world of work” (Art. 7). This is essential, as legislation lays the foundation for a culture of respect, including at work, and can trigger lasting change in society. By promoting a culture of dignity and respect for all, the law plays a crucial role in the prevention and eradication of violence and harassment. It can guide the development of prevention programmes, promote accurate identification of causes and consequences, ensure investigation, and provide protection and support for complainants, among other things.

Box 1. Examples of definitions of violence and harassment in recent legislative reforms

Canada defines “harassment and violence” as “any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment” (Canada Labour Code (as amended in 2018), subsection 122(1)).

Côte d’Ivoire defines “psychological harassment” as “abusive behaviour, threats, attacks, words, intimidation, writing, attitudes, repeated actions against an employee, which have as their object or effect the deterioration of his working conditions and which as such are likely to affect his rights and dignity, to alter his physical or mental health or to compromise his professional future” (2015 Employment Code, art. 5(5)).

Ireland defines bullying at work as:

workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could be reasonably regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work, but, as a once off incident, is not considered to be bullying (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work Order 2020).

Japan uses the terms “powerharassment”to define acts and speech: (a) taking advantage of the harasser’s position of authority; (b) harming the workplace environment; and (c) beyond what is necessary or appropriate for work operation (Labour Policy Comprehensive Promotion Act, art. 30-2, para. 1, as amended in 2019) (Library of Congress 2020).

Mexico: On 23 October 2019, the Mexican Official Standard NOM-035-STPS-2018 (NOM-035) on psychosocial risk factors in the workplace – identification, analysis and prevention – entered into force. For the purpose of this standard, “workplace violence” is defined as “acts of harassment, bullying or ill-treatment against workers, which may harm their integrity or health” (art. 4.12).

Puerto Rico (United States of America) defines “workplace bullying” as:

malicious, unwanted, repetitive and abusive conduct; arbitrary, unreasonable and/or capricious; verbal, written and/or physical; in a repeated manner by the employer, its agents, supervisors or employees, alien to the legitimate interests of the employer’s business, unwanted by the person, which infringes on his or her constitutionally protected rights, such as: the inviolability of the dignity of the person, the protection against abusive attacks on his or her honour, reputation and private or family life, and the protection of the worker against risks to his or her health or personal integrity in his or her work or employment. Such harassing conduct at work creates an intimidating, humiliating, hostile or offensive working environment, unsuitable for the reasonable person to perform his or her functions or tasks in a normal manner” (Law No. 90 of 2020, art. 4).

The Republic of Korea defines “workplace harassment” as “an act of an employer (or business owner) or employee (or worker) that causes physical or mental suffering or worsens the working environment of another employee/worker by taking advantage of his/her status or relationship within the workplace beyond the appropriate scope of work.” (Labour Standards Act (as amended in 2018), art. 76(2)).

Slovenia: Article 7 of the 2013 Employment Relationships Act distinguishes between harassment and bullying: “harassment” is defined as “any undesired behaviour associated with any personal circumstance” listed in the same article; while “bullying” at the workplace is defined as “any repetitive or systematic, reprehensible or clearly negative and insulting action or behaviour aimed at individual workers in the workplace or in connection with work”.

2.1.1. Gender-based violence and harassment

The notion of violence and harassment outlined in Article 1(a) of the Convention, explicitly includes “gender-based violence and harassment”. By embedding it in the overarching definition of violence and harassment, the elements of the offending conduct and the resulting or aimed impact are also applicable to the concept of gender-based violence and harassment (ILO 2018b, para. 273).⁷

For further clarity, the Convention defines gender-based violence and harassment as “violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, and includes sexual harassment” (Art. 1(b)):

The reference to “persons” is significant, as it broadens the definition of gender-based violence compared to other international and regional instruments. While gender-based violence and harassment disproportionately affects women and girls – as the Preamble of Convention No. 190 recognizes – Convention No. 190 seeks to protect everyone from such behaviours. ⁸
The reference to “sex or gender” makes both the biological functions and characteristics that differentiate men from women (that is, sex) and the sociological differences between men and women that are learned and changeable over time (that is, gender) relevant to Convention No. 190 and Recommendation No. 206 (ILO 2012).

The definition of gender-based violence and harassment explicitly includes “sexual harassment”. As a serious manifestation of sex discrimination and a violation of human rights, sexual harassment has been addressed prior to the adoption of Convention No. 190 within the context of the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ILO 2012; 2020a; Cruz and Klinger 2011; ILO and UN Women 2019). Within that framework, and according to the 2002 General Observation of the ILO CEACR, definitions of sexual harassment contain the following two key elements:

Quid pro quo – Any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or
Hostile work environment – Conduct that creates an intimidating, hostile or humiliating working environment for the recipient.

Box 2. Advancing protection against gender-based violence and harassment in work-related legislation

In recent years, many countries have introduced specific provisions in work-related legislations aimed at defining gender-based violence and harassment and, in particular, sexual harassment.

Iraq: Section 10 of the Labour Law No.37/2015 prohibits sexual harassment by providing that:

This law prohibits sexual harassment in employment and occupation, whether at the level of job search, vocational training, recruitment or work conditions and terms.
This law prohibits any other behaviour that creates a hostile, intimidating or offending work environment for those against whom this behaviour is directed.
Sexual harassment in accordance with the provisions of this law is any physical or verbal conduct of a sexual nature or other conduct based on sex, affecting the dignity of women and men, which is undesirable and unreasonable and insulting to those who are victim of this conduct, and the rejection by any person of this conduct, leading explicitly or implicitly, to a decision affecting his job.

Liberia defines “sexual harassment” as:

sexual conduct which is unwelcome, unreasonable, or offensive to the recipient, and which occurs in circumstances where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or
sexual conduct that creates an intimidating, hostile or humiliating working environment for the person that is subject to th at conduct (Decent Work Act 2015, sect. 2.8(b)).

Niger defines “sexual harassment in the context of the performance of the employment contract” as “obtaining from others by order, intimidation, act, gesture, threat or coercion, favours of a sexual nature, as well as any other conduct of a sexual nature, with the effect of creating an intimidating, hostile or humiliating working environment for a person” (Decree No. 2017-682/PRN/MET/PS in regulation of the Labour Code, art. 122).

Romania defines “gender-based violence” as:

The act of violence directed against a woman or, as the case may be, a man, motivated by sex. Gender-based violence against women is violence that disproportionately affects women. Gender-based violence includes, but is not limited to, domestic violence, sexual violence, female genital mutilation, forced marriage, forced abortion and forced sterilization, sexual harassment, trafficking in human beings, and forced prostitution (Law No. 202, 2002 on equal opportunities and equal treatment for women and men (as amended in 2015 and 2018), art. 4).

Uruguay: Article 2 of the 2009 Sexual Harassment Act (as amended in 2017) defines “sexual harassment” as “a behaviour of a sexual nature, performed by a person of equal or different sex, not desired by the person to whom it is addressed and whose rejection produces or threatens to cause damage to her situation at work or in the teaching relationship, or that creates an intimidating, hostile or humiliating work environment for those to whom such conduct is directed”.

Convention No. 190 acknowledges that to be able to fully prevent and eradicate gender-based violence and harassment in the world of work, ratifying countries must address its root causes, such as multiple and intersecting forms of discrimination; unequal gender-based power relations; gender stereotypes; and gender, social and cultural norms that support violence and harassment. With a view to tackling the root causes of gender-based violence and harassment, as well as to reducing their harmful effects, Convention No. 190 calls for the adoption of a “gender-responsive approach”. Gender-responsiveness means intentionally employing gender considerations to affect the design, development, implementation and results of programmes and strategies, policies, laws and regulations, as well as collective agreements. This implies an approach that: reflects all girls’ and women’s realities; pays attention to their unique needs; ensures their participation in decision-making processes at all levels; values their perspectives; respects their experiences; and understands the developmental differences between girls and boys, women and men in all their diversity and throughout their life cycle. The ultimate aim is to empower girls and women, with a view to promoting gender equality in practice and achieving gender equity.

Domestic violence and the world of work

Historically, domestic violence has been relegated as a “private” issue, with no connection to the public sphere or to the world of work. Significantly, Convention No. 190 recognizes the negative spillover effects that domestic violence can have in general on the world of work, including in relation to employment, productivity, and safety and health. The Convention also recognizes the positive contribution that governments, employers’ and workers’ organizations, and labour market institutions can play in mitigating the impact of domestic violence on the world of work (Preamble and Art. 10(f)). Domestic violence can represent a particular risk that impairs the health and productivity of all workers and other persons concerned, including individuals exercising the authority, duties or responsibilities of an employer (ILO 2020b; 2020c). Some work-related places, situations or instances – particularly those which are easily accessible by the public, such as schools, hospitals, public services or street markets, among others – can be places where domestic violence is unleashed. Likewise, domestic violence represents an even more relevant risk for particular work arrangements, such as working from home, as well as for some categories of workers, such as domestic, home-based or contributing family workers, many of whom are women working informally (ILO 2021c).

Preamble

Noting that domestic violence can affect employment, productivity and health and safety, and that governments, employers’ and workers’ organizations and labour market institutions can help, as part of other measures, to recognize, respond to and address the impacts of domestic violence, and

Article 10

Each Member shall take appropriate measures to: …

(f) recognize the effects of domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of work.

Following on from these provisions in the Convention, Paragraph 18 of Recommendation No. 206 sets out a number of measures that could be adopted to respond to and mitigate the impacts of domestic violence, such as:

leave for victims of domestic violence;
flexible work arrangements and protection for victims of domestic violence;
temporary protection against dismissal for victims of domestic violence, as appropriate, except on grounds unrelated to domestic violence and its consequences;
the inclusion of domestic violence in workplace risk assessments;
a referral system to public mitigation measures for domestic violence, where they exist; and
awareness raising about the effects of domestic violence.

Box 3. Examples of labour and employment provisions acknowledging the effects of domestic violence in the world of work and mitigating its impact

In recent years, countries have increasingly taken into account the effects of domestic violence on workers’ well-being and productivity in their labour and employment provisions. A growing number of countries have introduced leave, whether paid or unpaid, for workers who are victims of domestic violence. Others have included domestic violence as a ground of discrimination in employment and occupation, and require employers to provide reasonable accommodations. Some have envisaged employers’ duties to take preventive measures to protect the employee or other workers, or included domestic violence within the management of occupational safety and health (OSH). In addition, with a view to protecting specific categories of workers, such as domestic workers, against violence and harassment, some laws and regulations have extended the definition of “domestic violence” beyond traditionally understood family relationships to include those working in the domestic sphere.

Canada: Section 8 (Identification of risk factors) of the 2020 Work Place Harassment and Violence Prevention Regulations states as follows: “An employer and the applicable partner must jointly identify the risk factors, internal and external to the work place, that contribute to harassment and violence in the work place, taking into account: … (b) circumstances external to the work place, such as family violence, that could give rise to harassment and violence in the work place”. ⁹

Ghana: The 2020 Domestic Violence Act prohibits all forms of violence and harassment occurring in the household environment. Domestic workers are included in the definition of the domestic relationship and are thus protected by the Act (Graphic Online 2020).

Kenya: The 2015 Protection Against Domestic Violence Act provides that, in case of domestic violence, the victim or a representative of the victim, including employers, may apply to the Court for a protection order (sects 2 and 8).

Peru in 2019 enacted the “Law to prevent, punish and eradicate violence against women in public and private sphere, and violence against family members”. Article 11 foresees that, when the victim is an employee, the following rights should be guaranteed:

a. protection against dismissal for causes related to such acts of violence;
b. to change workplace without detriment to their conditions and terms of employment;
c. five days of justified absence;
d. suspension of the employment relationship; and
e. the right to return to the same or similar position afterwards.

United States (New York State) Maps Icon

United States (New York State): The New York State Labour Law includes domesticviolence as a ground of discrimination in employment and occupation (sect. 593), and requires employers to take reasonable accommodation, which may include obtaining services from a domestic violence shelter, obtaining psychological counselling, participating in safety planning and obtaining legal services, assisting in the prosecution of the offense or appearing in court (sect. 22(c)).

New Zealand: The 2018 Domestic Violence – Victims’ Protection Act grants employees affected by domestic violence the right to:

take at least ten days of paid domestic violence leave;
ask for short-term flexible working arrangements. This can be for up to two months; and
not be treated adversely in the workplace because they might have experienced domestic violence.

Box 4. Examples of collective agreements and other measures addressing domestic violence in the world of work

Social partners have also been very active. In several countries, collective agreements and other measures have been taken in relation to domestic violence, including training, provisions of flexible working arrangements, paid leave and support services.

Argentina: Farmacity developed a Protocol for action in situations of domestic and workplace violence. The Protocol provides internal communication campaigns and prevention training, including for personnel in decision-making positions, as well as guidance on how to detect such instances, and approach and support victims (Tercer Sector 2018).

Australia: Many enterprise agreements include provisions for paid family violence leave, allowing workers to ask to work part-time; to vary their working patterns; to temporarily change their work location; to change their work contact details, such as phone and email address; and to temporarily work from home or another location so as to address family violence. ¹⁰

Brazil: The collective agreement signed in 2020 for the banking sector establishes employers’ duty to: provide employees with an internal communiqué on prevention of domestic and family violence; establish support channels for victims of such violence and other support measures, such as the transfer of the victim of violence to another workplace; ensure confidentiality; and establish a line of credit or special financing for these victims (Sindicato dos Bancarios 2020).

Honduras: In 2020, the Asociacion de Maquiladoras de Honduras launched a campaign to help its members address domestic violence at work. The campaign included virtual seminars, the development and implementation of a training programme for members, and the creation of communication materials, including a web page providing general information and useful resources (Asociación Hondureña de Maquiladores 2020).

Spain: The collective agreement for the energy company Endesa provides for revised and flexible working hours, social care, legal assistance, protection orders and counselling for victims of domestic violence (Spain 2020; ETUC 2017).

⁶ In this regard, it is worth mentioning that within the framework of the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) has already pointed out that the lack of intent or the existence of intent should not be relevant in harassment issues ; see ILO 2012.

⁷ During the standard setting process, it was clear that the term “gender-based violence” included both hostile working environment and quid pro quo sexual harassment. However, for consistency with the concept of violence and harassment as a range, and in light of the recent outcry and public debates related to the #MeToo campaign, which have highlighted the significance of sexual harassment, including in the workplace, it was agreed to add a clear reference to sexual harassment, while cognizant of the fact that gender-based violence does include sexual harassment.

⁸ See Carlson and Olney, forthcoming.

⁹ Many Canadian provinces/territories are also moving in this direction. See, for instance, Yukon Territory, where section 19.05 of the 2020 Occupational Safety and Health Regulations provides that “if an employer becomes aware, or ought reasonably to be aware, that a worker is or is likely to be exposed to domestic violence in the workplace, the employer must take reasonable precautions to protect the worker and any other persons in the workplace who are likely to be affected”.

¹⁰ As an example, see the Australian Jewish News Journalists Enterprise Agreement 2019 (Australia 2019). Since August 2018, family and domestic violence leave provisions have been inserted into all 122 of Australia’s modern awards, with a model clause developed for inclusion (Australia 2018).

2.2. Who is protected?

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.

2.3. When and where does violence and harassment occur?

Convention No. 190 and Recommendation No. 206 respond to the reality that acts of violence and harassment do not necessarily have to occur exclusively in a traditional physical workplace to be understood as prohibited work-related behaviours. Since work is performed in various settings and under different modalities, including through technology, these instruments seek to ensure protection in all places or circumstances related to work.

Article 3

This Convention applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work:

in the workplace, including public and private spaces where they are a place of work;
in places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities;
during work-related trips, travel, training, events or social activities;
through work-related communications, including those enabled by information and communication technologies;
in employer-provided accommodation; and
when commuting to and from work.

By applying to violence and harassment “occurring in the course of, linked with or arising out of work”, Convention No. 190 captures the changing nature of work, including new types and different modalities of work (ILO 2018b, in particular paras 180–184). The reference to “public and private spaces where they are a place of work” in Article 3 is intended to cover the situations of those in the informal economy, such as street vendors; domestic workers, who work in or for a private household or households; or home- based workers, who work in their own homes (ILO 2018a; 2016b). With the explicit mention of “work- related communications, including those enabled by information and communication technologies”, all kinds of communication, including email and social media, are covered (De Stefano et al. 2020). This is particularly important in light of the teleworking arrangements that have become increasingly common in recent years, including as a way to provide more flexibility to address both work and life responsibilities.

Other ILO standards – particularly OSH-related standards – also embrace a notion of the “workplace” as being wider than the traditional physical workplace. According to the ILO Occupational Safety and Health Convention, 1981 (No. 155), the term “workplace” covers all places where workers need to be or to go by reason of their work and which are under the direct or indirect control of the employer (Art. 3(c)). The Protocol of 2002 to the Occupational Safety and Health Convention, 1981, calls for information on measures taken regarding occupational accidents, diseases and other injuries to health, which arise “in the course of or in connection with work” (Preamble (e)). In the Protocol’s definition section, the term “dangerous occurrence” covers a readily identifiable event as defined under national laws and regulations with the potential to cause an injury or disease to persons at work or to the public (Art. 1(c)). The term “commuting accident” covers an accident resulting in death or personal injury occurring on the direct way between the place of work and (i) the worker’s principal or secondary residence; (ii) the place where the worker usually takes a meal; or (iii) the place where the worker usually receives his or her remuneration (Art. 1(d)). The Occupational Safety and Health Recommendation, 1981 (No. 164), also provides that employers should be required to keep records relevant to OSH and the working environment. These include records of all notifiable occupational accidents and injuries to health that arise “in the course of or in connection with work” (Para. 15(2)) (ILO 2020d).

Box 7. Protection from violence and harassment beyond the traditional physical workplace: Examples from recent laws and regulations

Recent legislative reforms have started to spell out different places or instances where violence and harassment in the world of work can occur beyond the traditional physical workplace. Among others, online violence and harassment is receiving increased attention either as a separate or standalone notion, or as a means through which violence and harassment can be perpetrated.

Australia: In January 2021, Safe Work Australia released guidance materials addressing sexual harassment, workplace violence and aggression to assist employers to ensure that the workplace is free from sexual harassment, violence and aggression (Australia 2021a; 2021b). The guides provides that, under OSH laws, a workplace means a place where work is carried out for a business or undertaking, which includes any place where a worker goes or is likely to be while at work. The guide on sexual harassment (Australia 2021a) further states that sexual harassment can happen:

at a worker’s usual workplace;

where a worker is working remotely, including if the person’s workplace is their home;

in a place where the worker is undertaking work at a different location, such as a client’s home or contractor’s home or work;

where the worker is engaging in work-related activities such as conferences, training, work trips, work-related corporate events or a social activity like a Christmas party; or by phone, email or online such as through social media platforms.

Canada(Ontario Province): In January 2021, the Ontario Superior Court (in the case Caplan v. Atas) recognized a new tort of internet harassment. This was found necessary because other existing laws were insufficient to deal with serial stalking and an intent to cause fear, anxiety and misery to both targeted victims and people those victims care about.

Philippines: The 2018 Safe Spaces Act defines “gender-based online sexual harassment” as any conduct targeted at a particular person that causes or is likely to cause another mental, emotional or psychological distress; and fear of personal safety; sexual harassment acts, including unwanted sexual remarks and comments; threats; uploading or sharing of one’s photos without consent; video and audio recordings; cyberstalking and online identity theft (sect. 3).

Singapore has approved special provisions against stalking and online harassment under the 2014 Protection from Harassment Act. The provisions concerning online harassment prohibit the intentional or reckless issue of a communication that is threatening, abusive or insulting, which is heard, seen or otherwise perceived and likely to harass or cause alarm or distress or instil in a person fear or provoke violence. A 2019 amendment prohibits the publication of information identifying the victim or a person related to the victim in order to harass, threaten or facilitate violence against the victim (also known as “doxing”).

2.4. An inclusive, integrated and gender-responsive approach

Given the broad personal scope of protection – which includes individuals who may not be covered by labour law provisions – and with a view to ensuring effective protection against all forms of violence and harassment occurring “in the course of, linked with or arising out of work”, Convention No. 190 calls on ratifying countries to adopt, “in consultation with representative employers’ and workers’ organizations, an inclusive, integrated and gender-responsive approach” towards preventing and eliminating violence and harassment in the world of work (Art. 4(2)) (see figure 3):

Inclusive refers to the broad personal scope of protection, as well as to the need to ensure consultations to better capture all different needs and realities.

Gender-responsive calls for the need to tackling the root causes of gender-based violence and harassment, as well as for reducing their harmful effects.

Integrated refers to the need to address the phenomenon in “labour and employment, occupational safety and health, equality and non-discrimination, and in criminal law, where appropriate” (Recommendation No. 206, Para. 2).

Over the past decades, criminal law has long been used as a principal bulwark against the commission of acts of violence and harassment, in particular physical and economic violence and harassment, including in the world of work (Chappell and Di Martino 2006; ILO 2016a; 2017a; Lippel 2016).

Yet based on the concept of violence and harassment in the world of work laid out in Convention No. 190 and Recommendation No. 206, criminal law alone may be insufficient. Criminal law criminalizes conduct considered to have surpassed a certain threshold of gravity, such as physical (including sexual) aggressions or “immoral acts” or threats. This, however, may not cover the wide range of unacceptable behaviours and practices that constitute violence and harassment in the world of work as per Convention No. 190. ¹⁴ In addition, criminal law focuses on sanctioning perpetrators rather than providing effective remedies to victims.

Prior to the adoption of Convention No. 190 and Recommendation No. 206, a variety of national instruments or branches of law have then been used as regulatory underpinnings enabling interventions to tackle violence and harassment at work, including constitutional law, equality and non-discrimination law, and OSH regulations. In calling for an overall regulatory framework, rather than imposing a single way forwards, Convention No. 190 and Recommendation No. 206 acknowledge that such frameworks may be shaped by taking into account national circumstances and legal systems (Convention No. 190, Art. 4(2); Recommendation No. 206, Para. 2). Not all situations will necessarily be covered by all laws and regulations, but it is important to see whether there are any gaps when the various laws and regulations are examined together.

The “integrated” approach also refers to the need to have measures on prevention and protection (Convention No. 190, Arts 7–9; Recommendation No. 206, Paras 6–13); enforcement and remedies (Convention No. 190, Art. 10; Recommendation No. 206, Paras 14–22); and guidance, training and awareness raising (Convention No. 190, Art. 11; Recommendation No. 206, Para. 23). Each of these components are essential. Prevention and managements of hazards and risks would not be successful if training and awareness raising are not undertaken. Likewise, inefficient and ineffective enforcement mechanisms will not help deter and prevent future occurrences of violence and harassment.

The core elements of this overall inclusive, integrated and gender-responsive approach are listed under Article 4, and then further developed in the operational part of the instrument. Article 4(3) also provides that, in adopting and implementing such an approach, ratifying countries should take into account the different and complementary roles and functions of governments and of employers and workers (and their respective organizations) according to the varying nature and extent of their responsibilities.

Article 4

Each Member which ratifies this Convention shall respect, promote and realize the right of everyone to a world of work free from violence and harassment.
Each Member shall adopt, in accordance with national law and circumstances and in consultation with representative employers’ and workers’ organizations, an inclusive, integrated and gender-responsive approach for the prevention and elimination of violence and harassment in the world of work. Such an approach should take into account violence and harassment involving third parties, where applicable, and includes:
1. prohibiting in law violence and harassment;
2. ensuring that relevant policies address violence and harassment;
3. adopting a comprehensive strategy in order to implement measures to prevent and combat violence and harassment;
4. establishing or strengthening enforcement and monitoring mechanisms;
5. ensuring access to remedies and support for victims;
6. providing for sanctions;
7. developing tools, guidance, education and training, and raising awareness, in accessible formats as appropriate; and
8. ensuring effective means of inspection and investigation of cases of violence and harassment, including through labour inspectorates or other competent bodies.
In adopting and implementing the approach referred to in paragraph 2 of this Article, each Member shall recognize the different and complementary roles and functions of governments, and employers and workers and their respective organizations, taking into account the varying nature and extent of their respective responsibilities.

Figure3. Inclusive, integrated and gender-responsive approach

¹⁴ In this regard, although within the context of Convention No. 111, the ILO CEACR has stressed that criminal proceedings are insufficient in the case of sexual harassment at work, given “the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation”; see ILO 2012.

2.1

box 1

2.1.1

box 2

box 3

box 4

2.2

box 5

2.2.1

box 6

2.3

box 7

2.4

Defining “violence and harassment” in the “world of work”

2.1. What is violence and harassment?

2.2. Who is protected?

2.3. When and where does violence and harassment occur?

2.4. An inclusive, integrated and gender-responsive approach