Chapter 5 | ILO C190 Guide

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5.1. Employers’ obligation to prevent violence and harassment in the world of work

Convention No. 190 and Recommendation No. 206 call on ratifying countries to adopt laws and regulations
requiring employers to “take appropriate steps commensurate with their degree of control to prevent
violence and harassment in the world of work, including gender-based violence and harassment” (Convention No. 190, Art. 9).

Article 9

Each Member shall adopt laws and regulations requiring employers to take appropriate steps commensurate with their degree of control to prevent violence and harassment in the world of work, including gender-based violence and harassment, and in particular, so far as is reasonably practicable, to:

adopt and implement, in consultation with workers and their representatives, a workplace policy on violence and harassment;
take into account violence and harassment and associated psychosocial risks in the management of occupational safety and health;
identify hazards and assess the risks of violence and harassment, with the participation of workers and their representatives, and take measures to prevent and control them; and
provide to workers and other persons concerned information and training, in accessible formats as appropriate, on the identified hazards and risks of violence and harassment and the associated prevention and protection measures, including on the rights and responsibilities of workers and other persons concerned in relation to the policy referred to in subparagraph (a) of this Article.

In the majority of countries, legislation requires employers to respect workers’ right to equality and non-discrimination, and to protect workers’ safety and health in the workplace. In addition, workers are typically compelled by law to comply with safety and health regulations. In some of these countries, occupational safety and health implicitly or explicitly includes risks and hazards that could lead to violence and harassment. In some countries, gender-based violence and harassment and/or other forms of discrimination-based harassment are themselves the object of specific preventive measures. Increasingly, the duty to prevent and protect against various forms of violence and harassment is recognized as a stand-alone obligation.

5.1.1. The extent of employers’ responsibility

The obligations under Article 9 should be read in light of the concept of violence and harassment as defined in Article 1, the scope of protection as per Article 2, and in relation to all instances provided for in Article 3. However, employers’ responsibility is qualified in two respects: first, the measures prescribed must be “appropriate” and correspond to the employers’ “degree of control”; and second, they should be taken “so far is reasonably practicable”. ²⁵

Even though these two qualifiers are not defined in Convention No. 190 or Recommendation No. 206, it is clear that employers cannot be responsible for situations, circumstances or persons beyond their degree of control. A degree of flexibility is foreseen. In other words, the measures taken should be commensurate with the means available and reasonable within a given context. It is thus a matter of each country ratifying Convention No. 190 to:

identify the criteria that will be used to specify the “degree of control” held by employers; and
evaluate the measures to be taken and the means through which these measures will be implemented to prevent violence and harassment.

Box 18. Violence and harassment and employers’ responsibilities

Albania: Section 32(1) of the Labour Code (Law No. 136/2015) provides that employers have an obligation to respect and protect the employment relationship by taking all necessary measures to ensure the safety, mental and physical health of employees; to prevent and stop moral and sexual harassment through relevant sanctions; and to prevent any behaviour that would undermine the dignity of the employee.

China: As of 2020, the amended Civil Code sets out new obligations, including for employers, in relation to sexual harassment. Article 1010 provides as follows:

A person who has been sexually harassed against his will by another person through oral words, written language, images, physical acts, or the like, has the right to request the actor to bear civil liability in accordance with law. The State organs, enterprises, schools, and other organizations shall take reasonable precautions, accept and hear complaints, investigate and handle cases, and take other like measures to prevent and stop sexual harassment conducted by a person through taking advantage of his position and power or a superior–subordinate relationship, and the like.

France: From 1 January 2019, companies employing at least 250 employees must designate a person to guide, inform and support employees in the fight against sexual harassment and sexist behaviour (a so called “harassment officer”). ²⁶

Niger: Article 122 of Decree No. 2017-682/PRN/MET/PS in regulation of the Labour Code provides: “The employer must take all the necessary measures to prevent acts of sexual harassment.”

Portugal: The Labour Code, as amended by Law No. 73/2017 of 16 August 2017, strengthens the legislative framework for the prevention of harassment by, inter alia, introducing an obligation on companies with more than seven employees to adopt a code of conduct on harassment in the workplace (art. 127(1)(k)), and to start disciplinary proceedings against an employee whenever an alleged harassment at work is revealed (art. 129(1)(l)). In 2018, a Guide for the Elaboration of the Code of Good Conduct for the Prevention of and Fight against Harassment at Work was published (Coelho et al. 2018).

Puerto Rico (United States): Article 5 of Law No. 90 of 2020 states the following:

An employer who engages in, encourages or permits workplace harassment shall be civilly liable to the persons affected. It shall be the responsibility of every employer to take the necessary measures to eliminate or minimize the occurrence of workplace harassment. Therefore, every employer shall adopt and implement the necessary internal policies to prevent, discourage and avoid workplace harassment in its workplaces, as well as investigate all allegations and impose the corresponding sanctions in those cases where appropriate.

Romania: Article 2 of Law No. 202, 2002 (as amended in 2015 and 2018) on equal opportunities and equal treatment for women and men provides that central and local public institutions and authorities, civil and military, with more than 50 employees, as well as private companies with more than 50 employees, should identify an employee to whom to assign tasks in the field of equal opportunities and treatment between women and men, including preventing and combating harassment at work.

Saudi Arabia: Article 5(1) of the 2018 Anti-Harassment Law states:

The competent authorities in the government sector and in the private sector shall put in place the necessary measures to prevent and combat harassment in their own working environments, provided they include the following:

An internal complaints mechanism in the sector;
The necessary procedures to ascertain the veracity and seriousness of complaints in such a manner as to maintain their confidentiality;
The dissemination and communication of such measures to those targeted by them.

The same article also provides: “The competent authorities in the government sector and in the private sector shall hold accountable – in disciplinary terms – any of those targeted by the measures in the event that they violate any of the provisions stipulated in this Act, in accordance with the established procedures.”

Social partner and business-led initiatives

Ecuador: The Chamber of Industries and Production (CIP) has been developing several actions against gender-based violence. In particular, in October 2020, it launched a comprehensive campaign on the prevention and elimination of violence against women at work, at home, at school and in society (“Más unidas, más protegidas”). Many CIP member companies have also adopted codes of conduct/ ethics that prohibit any kind of violence and harassment against women at work (Portal Diverso 2020).

India: The bus company Bengaluru Metropolitan Transport Corporation created a Women’s Safety Committee with members from the commuters’ association, civil society organizations and police. Following a survey among bus users, the company installed closed-circuit television cameras in buses and bus stations. It also organized gender sensitization training of male drivers and conductors, and targeted recruitment and training of women drivers and conductors with a view to addressing gender-based violence and harassment in particular (Social Development Direct 2020a).

Japan: Established in the early 1950s by trade unions and consumer cooperatives to enable their members to access finance at a time workers were excluded from the financial sector, Rokin (Labour) Banks is a network of 13 union-led cooperative financial institutions operating all across Japan. They count over 51,000 member organizations that represent 11 million individuals, mostly workers, including low-income workers (Kurimoto, Koseki, and Breda 2019). Rokin Banks recently developed and adopted the “Rokin Harassment Guidelines”. The Guidelines provide protection against all forms of harassment, including by third parties. The personal and material scope of the Guidelines reflect Articles 2 and 3 of Convention No. 190. They provide a broad protection by establishing internal reporting and complaint mechanisms, by providing effective remedies and protection against retaliation, by establishing a consultation service for victims, and by creating referral mechanisms to external specialized agencies and trade unions to ensure that all forms of harassment reports are received centrally and that it is easy for workers to access such services (Rokin Banks 2021).

RussianFederation: In January 2021 the Russian fooddeliveryplatformYandex included new terms and conditions on its policy. According to the new rules, the Yandex platform can block or restrict users’ access to the functions of the services for aggression or a rude attitude towards couriers. The company plans to offer legal advice to couriers who encounter such behaviours in the future (Khachatryan 2021).

South Africa: Agricultural company Country Bird has introduced a range of measures to improve physical safety and reduce gender-based violence and harassment risks during and after work. Following a series of incidents, Country Bird provided a minibusserviceforworkersafter their night shift and increased the number of closed-circuit television cameras around the processing plant (Social Development Direct 2020c).

²⁵ It should be noted that this is a common concept in OSH legislation, and indeed appears in Convention No. 155, whose Article 4(2) states as follows: “The aim of the policy [on occupational safety, occupational health and the working environment] shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment” (ILO 1979).

²⁶ In its practical guide, the French Government suggested the following role for the harassment officer: i) introducing awareness-raising measures and training measures for employees and managers; ii) directing employees towards competent authorities (labour inspector, labour doctor, official defender of the rights); iii) implementing internal procedures in order to encourage the reporting and processing of a situation of sexual harassment or sexist attitudes; iv) conducting internal investigations after the reporting of a situation of sexual harassment or sexist attitude (France 2019).

5.2 Adopting and implementing a workplace policy on violence and harassment

Among the specific measures that ratifying countries should require employers to put in place is “adopting and implementing, in consultation with workers’ and their representatives, a workplace policy on violence and harassment” (Art. 9). This represents a key strategy in promoting a violence and harassment-free working environment and culture. Based on existing practices – and on elements provided for in Paragraph 7 of Recommendation No. 206 – these policies could, for instance, include, the employer’s commitment and responsibility to maintaining a safe environment (Para. 7(a) and (c)); definitions of violence and harassment; and relevant examples of prohibited behaviours, conduct and practices based on the specific context, sector and occupation.

It is advisable for such policies to establish violence and harassment prevention programmes with, if appropriate, measurable objectives (Recommendation No. 206, Para. 7(b)). It is also advisable to inform employees about their rights and responsibilities, which include the disciplinary actions that may derive from violations of such prohibitions (Recommendation No. 206, Para. 7(c)).

These policies should include encouraging employees to report behaviours and communications that could lead to violence and harassment, by providing information on complaint and investigation procedures and the employer’s commitment to deal with any incidents in a timely and effective manner (Recommendation No. 206, Para. 7(d)–(e)). In this regard, it would be important that employers commit to protecting individuals’ right to privacy and confidentiality while balancing the right of workers to be made aware of all hazards, as well as their right not to be victimized or retaliated against (Recommendation No. 206, Para. 7(f)–(g)). These policies should be communicated to employees regularly (in accessible formats, as appropriate) and consistently enforced.

Box 19. Legal provisions requiring workplace policies on violence and harassment

In recent years, many countries have adopted provisions requiring employers to adopt workplace policies on violence and harassment, either as a stand-alone policy specifically dedicated to the issue of violence and harassment, or as part of their obligations stemming from their duty to provide a safe workplace under OSH regulations or from their duty to ensure a workplace free from discrimination.

Canada: Starting from January 1, 2021, employers working in a federally regulated industry or workplace, should develop a workplace harassment and violence prevention policy with the policy committee, the workplace committee or health and safety representative, depending on the size of the employer. A policy should normally:

include the employer’s commitment to prevent and protect employees against harassment and violence;

describe the roles of workplace parties in relation to harassment and violence in the workplace;

describe the risk factors that contribute to workplace harassment and violence;

list training that the employer will provide about workplace harassment and violence;

include the resolution process employees should follow if they witness or experience workplace harassment or violence;

include the reason for which a review and update of the workplace assessment must be conducted;

include the emergency procedures that must be implemented when:

an incident poses an immediate danger to the health and safety of an employee;
when there is a threat of such an occurrence;

describe how the employer will protect the privacy of the persons involved in:

an occurrence;
the resolution process for an occurrence;

describe any recourse that may be available to persons involved in an occurrence;

describe the support measures that are available to employees; and

name the person designated to receive complaints related to the employer’s non- compliance with the Code or Regulations (Canada, n.d.).

France: Article L1321-2 of the Labour Code as amended in 2016, introduces employers’ obligation to have internal regulations stating, among others, “the provisions relating to moral and sexual harassment and sexist behaviour provided for by this code”.

Kenya: The Employment Act requires that an employer with 20 or more employees must, after consulting with the employees or their representatives, if any, issue a policy statement on sexual harassment.

Panama: According to the 2018 Anti-Discrimination Law, every employer, public and private institution, and educational establishment are now responsible for developing internal policies to prevent, avoid, discourage and penalize discriminatory acts such as sexual or other harassment, bullying in the workplace, racism and sexism.

Peru: In July 2019, Peru introduced a new law requiring employers to adopt anti– harassment policies and investigation procedures, provide anti-harassment training, carry out annual sexual harassment risk assessments and set up a Sexual Harassment Committee or Delegate, depending on the size of the employer (Supreme Decree N° 014-2019-MIMP).

Philippines: Under section 17 the 2018 Safe Spaces Act, employers or other persons of authority, influence or moral ascendancy in a workplace shall have the duty to prevent, deter or punish the performance of acts of gender-based sexual harassment in the workplace. To this end, the employer or person of authority, influence or moral ascendancy shall:

Disseminate or post in a conspicuous place a copy of the Act to all persons in the workplace;

Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual harassment seminars;

Create an independent internal mechanism or a committee on decorum and investigation to investigate and address complaints of gender-based sexual harassment which shall (among others):

Designate a woman as its head and not less than half of its members should be women;
Protect the complainant from retaliation; and
Guarantee confidentiality to the greatest extent possible;

Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy.

South Sudan: Article 7(3)–(4) of the 2017 Labour Act provides that:

An employer who employs twenty or more employees shall, after consulting with the employees’ representatives, issue a policy statement on sexual harassment.
The policy statement shall contain, at a minimum:
- the definition of sexual harassment … and
- a statement:
  - that every employee is entitled to work that is free of sexual harassment;
  - that the employer shall take steps to ensure that no employee is subjected to sexual harassment;
  - that the employer shall take such disciplinary measures as the employer deems appropriate against any p erson under the employer’s direction who subjects any employee to sexual harassment.

In addition, the policy statement must include provisions related to confidentiality and prohibition of retaliation. ²⁷

Ukraine: Order No. 56 of 2020 issued by the Ministry of Social Policy approved Guidelines for the inclusion in collective agreements of provisions aimed at ensuring equal rights and opportunities for women and men in employment. The Guidelines recommend that collective agreements include provisions on countering sexism, various forms of harassment, including sexual harassment, bullying and other forms of aggressive behaviour in the workplace. ²⁸

5.2.1. The duty of workers and their representatives to collaborate

Convention No. 190 recalls the role that workers and other persons concerned should play, by referring to their “responsibilities” in relation to the workplace policy on violence and harassment (Art. 9(a)–(d)). Paragraph 7 of Recommendation No. 206 recommends that ratifying countries “should, as appropriate, specify in laws and regulations that workers and their representatives should take part in the design, implementation and monitoring of the workplace policy referred to in Article 9(a) of the Convention”. It further recommends that such policy should “specify the rights and responsibilities of the workers and employer” (Para. 7(c)). Both employers and workers have responsibilities towards preventing and refraining from violence and harassment in the world of work. Workers and other persons concerned have a general duty to take care of their own safety and health, and that of others who may be affected by their actions at work. Moreover, workers and their representatives play a critical role in cooperating with employers in the development of a workplace policy on violence and harassment, given their knowledge and familiarity with facility operations, process activities and potential threats, as well as a critical role in the effective adherence to and implementation of the policy’s provisions (ILO 2020d).

Box 20. Provisions related to workers’ responsibilities

Some countries are introducing specific provisions requiring workers to refrain from violence and harassment at work.

Djibouti: Following amendments in 2018, articles 4 bis and ter of the Labour Code provide that any employee who has engaged in mobbing or sexual harassment is liable to disciplinary action.

Ecuador: Article 46(j) of the Labour Code, as amended in 2017, provides that the worker is prohibited from committing acts of workplace harassment towards a colleague, towards the employer, towards a hierarchical superior or towards a subordinate person in the company.

Grenada: The 2019 National OSH Policy states, among others, the following responsibilities for workers: “Cooperate with the employer in their compliance with the OSH Act, regulations or policies. Take reasonable care and not recklessly endanger health and safety of themselves or others. … Report health and safety issues, including psychosocial factors and work-related stress, accidents, incidents or near misses to the elected HSR [health and safety representative]” (Grenada 2019, 14).

Mexico: According to section 47 of the Federal Labour Code, the employer may terminate the employment relationship where a worker has committed an act of violence, has insulted or mistreated co-workers, the employer or his/her family, the management personnel or clients and suppliers.

Philippines: Section 18 of the 2018 Safe Spaces Act provides:

Employees and co-workers shall have the duty to:

Refrain from committing acts of gender-based sexual harassment;
Discourage the conduct of gender-based sexual harassment in the workplace;
Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of gender-based sexual harassment; and
Report acts of gender-based sexual harassment witnessed in the workplace.

Russian Federation: Paragraph 6 of item 7.2 of the Internal labour regulations, Appendix 6 to the Collective Agreement of RUDN University for the years 2019– 2022, defines the term “gross violation of labour duties” as sexual or other form of harassment of a student, colleague, as well as expressing a serious threats to them; insulting and humiliation of student’s dignity including cases of using methods of physical or psychological abuse of a student. This provision provides the employer’s right to hold an employee disciplinarily liable and even to dismiss an abuser for repeated gross violation if (s)he is considered a “pedagogical worker” (RUDN University 2019).

²⁷ Article 5 of the Labour Law, 2017, provides a definition of “sexual harassment”, which may include the following acts: a) Sexual or insensitive jokes, lewd suggestions, whistling, foul language, slurs, innuendos, leering and obscene gestures; b) Belittling comments on a person’s anatomy or persistent demands for dates; c) Asking for sexual favours, asking about personal/sex life, explicit sexual suggestions in return for “rewards”; d) Unwanted physical contact of any sort, including touching, brushing and kissing; e) Display of pornographic and sexually suggestive pictures and/ or sexual objects; f) Offensive written, telephonic or electronic communications; g) Indecent exposure or dressing; Sexual assault and rape; i) Unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature also constitute sexual harassment.

²⁸ The provisions may include a complaint procedure, respect for the principle of confidentiality and protection against retaliation, disciplinary rules, a training strategy, and raising employee awareness of these issues.

5.3. Reinvigorating occupational safety and health to tackle violence and harassment

Article 9(b)–(c) of Convention No. 190 acknowledges that violence and harassment, including gender-based violence and harassment, and its associated psychosocial risks, are not only an issue of discrimination and inequity, but also a risk of impaired health.

Article 9

b. take into account violence and harassment and associated psychosocial risks in the management of occupational safety and health;

c. identify hazards and assess the risks of violence and harassment, with the participation of workers and their representatives, and take measures to prevent and control them;

Over the past decades, a number of ILO OSH instruments have been set out to protect workers’ safety and health. These standards include the:

Occupational Safety and Health Convention (No. 155) and Recommendation (No. 164), 1981;
Protocol of 2002 to the Occupational Safety and Health Convention, 1981;
Occupational Health Services Convention (No. 161) and Recommendation (No. 171), 1985;
List of Occupational Diseases Recommendation, 2002 (No. 194); and
Promotional Framework for Occupational Safety and Health Convention (No. 187) and Recommendation (No. 197), 2006.

Even if these instruments do not specifically address violence and harassment, such conduct has always been considered as an obvious health risk (ILO 2020d). Convention No. 190 and Recommendation No. 206 now make it clear that violence and harassment – including gender-based violence and harassment should be addressed through OSH management. Article 12 of Convention No. 190 specifies that “extending or adapting existing occupational safety and health measures to cover violence and harassment and developing specific measures where necessary” is one of the methods of applying the provisions of the Convention. ²⁹ In a number of countries, OSH legislation already addresses employers’ duty to assess the various safety and health risks associated with their workplace in order to identify, reduce, and whenever possible, prevent them. Although management is responsible for controlling risks, workers have a critical role to play in helping to identify and assess workplace hazards.

Many factors contribute to violence and harassment at work, including psychosocial hazards and occupational stress (ILO 2020h). This being the case, Paragraph 8 of Recommendation No. 206 recommends:

The workplace risk assessment … should take into account factors that increase the likelihood of violence and harassment, including psychosocial hazards and risks. Particular attention should be paid hazards and risks that:

arise from working conditions and arrangements, work organization and human resource management, as appropriate;
involve third parties such as clients, customers, service providers, users, patients and members of the public; and
arise from discrimination, abuse of power relations, and gender, cultural and social norms that support violence and harassment. ³⁰

Psychosocial risks can be defined as those aspects of work design, organization, and management, along with their social and environmental contexts, that have the potential to cause harm. Psychosocial risks that cause occupational stress can also increase the risk of violence and harassment at work. Although violence and harassment can be induced by a number of individual, social and organizational factors, research shows that, for instance, bullying is likely to prevail in stressful working environments where workers are exposed to high levels of interpersonal conflict and noxious leadership styles (Johan Hauge, Skogstad, and Einarsen 2007). Other studies also show a vicious circle of psychosocial risks leading to harassment, which then leads back to psychosocial risks (ILO 2020d). Psychosocial risks vary between sectors, workplaces, groups of workers and occupations. They may include third-party violence and harassment, as well as domestic violence, when relevant. Some of the key and interrelated psychosocial hazards that could lead to violence and harassment, or that are in and of themselves expressions of harassment, may include:

job content and control;
workload and work pace;
working time;
physical working environment;
organizational culture and function;
leadership style;
interpersonal relationships at work; and
“normalization” of violence and harassment (ILO 2020d).

Furthermore, discrimination, cultural and language differences, and other vulnerabilities usually interact and intersect with psychosocial risks, thus having an impact on violence and harassment in the world of work. For these reasons, Convention No. 190 and Recommendation No. 206 call for workplace risk assessment and management to take into account all of the factors that may increase the likelihood of violence and harassment.

After identifying all hazards and assessing the associated risks, the next step is to adopt appropriate measures to prevent or control such risks, in order to minimize their effects and to prevent similar occurrences in the future.

The identification of hazards and the assessment of risks of violence and harassment can also constitute a channel to address concerns that may be specific to persons with disabilities and other individuals or groups in vulnerable situations. Examples of measures to prevent and control risks may vary and depend upon the nature of the workplace and workforce, as well as on the specific sector where employers operate. These measures could include:

establishing or updating facility access controls;
installing security cameras;
reviewing job descriptions to ensure that duties and responsibilities for workplace safety and security are defined clearly; and
establishing response protocols in the event of workplace violence and harassment.

Box 21. Violence and harassment as a safety and health issue to be included under OSH regulations

Recently, an increasing number of countries have included specific reference to violence and harassment and its associated psychosocial risks in the management of OSH, including within the scope of workers’ compensation legislation.

Australia: A 2021 Guide published by Safe Work Australia characterizes sexual harassment as a workplace hazard, known to cause psychological and physical risks to health and safety (Australia 2021a). Employers are hence required to:

review workplace behaviour and workplace health and safety policies, as well as current workplace practices, to ensure that risks of workplace sexual harassment are identified and appropriately addressed, and that relevant due diligence/officer obligations extend to workplace sexual harassment;

ensure all workers are aware of and understand these policies and their rights and obligations in respect of sexual harassment;

given the prevalence of remote working, ensure that all “workplaces” are included in such reviews; and

ensure that internal reporting processes are capturing accurate and timely information about incidents.

Belgium: In 2014, the definition of violence and harassment at work provided for in OSH regulations has been amended to include psychosocial risks, including stress, burnout and interpersonal conflicts (Royal decree on prevention of psychosocial risks at work, 2014).

Canada: Section 8 (Identification of risk factors) of the 2020 Work Place Harassment and Violence Prevention Regulations states:

An employer and the applicable partner must jointly identify the risk factors, internal and external to the workplace, that contribute to harassment and violence in the workplace, taking into account:

the culture, conditions, activities and organizational structure of the work place;
circumstances external to the work place, such as family violence, that could give rise to harassment and violence in the work place;
any reports, records and data that are related to harassment and violence in the work place;
the physical design of the work place; and
the measures that are in place to protect psychological health and safety in the work place.

Denmark: The 2020 Executive order on psychosocial working environment specifically includes “offensive behaviour, including bullying and sexual harassment” (sects 22–24), which is defined as “a situation where one or more persons grossly or several times expose one or more other persons in the company to bullying, sexual harassment or other degrading behaviour in the workplace. The behaviour must be perceived as degrading by the person being subject to this behaviour.” The order also includes work-related violence, which is defined as “the situation where persons who are not employees or employers of the company, including citizens and customers, use violence against employees or employers” (sect. 25). In both cases, the regulations provide that “at all stages, work must be planned, organised and executed responsibly with due regard to health and safety in both short and long term” (sects 22, 26 and 31). They also provide that, in case of work-related violence outside of working hours, “the employer must ensure that employees are given appropriate guidance in how to deal with work-related violent episodes outside of working hours and their run-up” (sect. 32(1)). Moreover, “for use during guidance, the employer must ensure that guidelines are established for the appropriate managing of work-related violent episodes outside of working hours and their run-up” (sect. 32(2)). Finally, section 34 also provides, “The employer must ensure that any employee who has been subject to work-related violent event outside working hours is offered assistance in reporting the incident to the police.”

Grenada: The 2019 National OSH Policy provides, “All workers are to be covered by this policy, whether full-, part-time or otherwise employed, including interns, the differently abled, prisoners and sub contractors. Actions derived from this policy will be implemented in every workplace, whether in the public, private or informal sectors, and will be equitable, inclusive and without discrimination. Other persons who have cause to be within the workplace should also derive protection from this policy” (Grenada 2019, 10).

Mexico: The Mexican Official Standard NOM-035-STPS-2018 (NOM-035) aims to identify, analyse and prevent psychosocial risk factors in the workplace that can cause anxiety disorders, severe stress disorders or adjustment disorders, arising from the nature of the work that employees carry out, among other matters. The risk factors include, among others, “family relationships, negative leadership and relationships; and violence in the workplace”. Companies with 16 or more employees are also required to:

identify and analyse the risk factors;

carry out a psychological evaluation and medical examination of an employee who presents symptoms of any alteration to his or her health; and

create a programme to prevent and control risk factors, which may include a written prevention policy that promotes awareness and social support, and a means for employees to file complaints.

Peru, in July 2019, introduced legislation requiring employers to adopt anti- harassment policies and investigation procedures, provide anti-harassment training, and carry out annualsexualharassmentriskassessments. ³¹

United Kingdom of Great Britain and Northern Ireland Maps Icon

United Kingdom of Great Britain and Northern Ireland: In 2020, the Equality and Human Rights Commission published some technical guidance on sexual harassment and harassment at work. The guidance calls on employers to reflect on where the power imbalances fall within their organization and consider what they might do to address them. In addition, it recommends carrying out a sexual harassment risk assessment by using the existing risk management frameworks traditionally used in the workplace health and safety context. Assessments should identify risks, such as power imbalances, job insecurity, lone working, the presence of alcohol, customer-facing duties, particular events that raise tensions locally or nationally, lack of diversity in the workforce, and workers being placed on secondment, as well as control measures to minimize such risks (United Kingdom 2020).

²⁹ This is of particular importance for workers in the informal economy. While OSH regulations contribute to protecting workers from OSH risks in the formal economy, those in the informal economy – which in some countries may represent the majority of workers – are often not covered by regulations related to working conditions or OSH due to the fact that the enterprises they work in may be unregulated or unregistered and may not be reached by labour inspection systems. The millions of workers operating in the informal economy may thus face increased vulnerability to violence and harassment, as well as difficulty seeking help or treatment following an incident, especially in the absence of social protection. There is, therefore, a need to continue to promote and strengthen OSH in informal workplaces through training, awareness and targeted programmes. See ILO 2018e.

³⁰ In 2016, the Meeting of Experts on Violence against Women and Men in the World of Work also identified a number of factors that increased the risk of violence and harassment, such as: a) working in contact with the public; b) working with people in distress; c) working with objects of value; d) working in situations that are not or not properly covered or protected by labour law and social protection; e) working in resource-constrained settings (inadequately equipped facilities or insufficient staffing can lead to long waits and frustration); f) unsocial working hours (for instance, evening and night work); g) working alone or in relative isolation or in remote locations; h) working in intimate spaces and private homes; i) the power to deny services, which increases the risk of violence and harassment from third parties seeking those services; j) working in conflict zones, especially providing public and emergency services; and k) high rates of unemployment (ILO 2016b, para. 9).

³¹ Supreme Decree N° 014-2019-MIMP: The new regulations also require employers to adopt anti-harassment policies and investigation procedures, provide anti-harassment training, and carry out annual sexual harassment risk assessments.

5.4. Providing accessible information and training

Another measure that ratifying States should require employers to take is providing workers and other persons concerned with information and training, in accessible formats as appropriate, on identified hazards and risks of violence and harassment and the associated prevention and protection measures, including on respective rights and responsibilities (Convention No. 190, Art. 9(d)). Providing information and training can contribute to a workplace culture conductive towards reducing the risk of violence and harassment. It also helps ensure that when violence or harassment does occur, workers know how to report it and which resources to access.

Developing effective approaches and methodologies for training as a means for preventing violence and harassment is essential. Recent practice pays attention to enhancing dexterity in awareness skills and conflict management, or to challenging harmful social norms that have an impact in the world of work. Methodologies aimed at promoting workplace civility, equality and respect, bystander intervention, identifying unconscious bias, increasing emotional intelligence, and promoting more effective communication and supervisory skills, have all shown to be promising practices (McCann 2018). ³²

Box 22. Recent provisions and initiatives on workplace violence and harassment preventive training

Italy: According to paragraph 3-bis of the Code of Equal Opportunities, as amended in 2018, employers are required, under article 2087 of the Civil Code, to ensure working conditions that guarantee the physical and emotional integrity and dignity of workers, and also to agree with trade unions on informative and training initiatives aimed at preventing sexual harassment at work.

United States: An increasing number of US states and cities have passed statutes requiring sexual harassment training, and other federal and state laws, regulations and court decisions have made it clear that employers should provide anti-harassment training to all employees in all states. California also requires employers to provide anti-harassment training in both English and Spanish. New York City adopted the 2018 Stop Sexual Harassment Act No. 96, which requires all employers with 15 or more employees to provide sexual harassment training annually for all employees, interns, independent contractors and freelancers. The city government has created a web site that provides the necessary training free of charge (New York City, n.d.).

Box 23. Workplace sexual harassment preventive training in the global garment industry: Experiences from the ILO–IFC Better Work Programme

Since 2012, the ILO–IFC Better Work programme has provided technical assistance and capacity building on improving working conditions in the garment industry, including by tackling sexual harassment and promoting equality and non-discrimination. ¹ Better Work’s evidence and experience shows that sexual harassment can be reduced by:

establishing anti-sexual harassment policy, setting up internal grievance mechanisms and establishing referral procedures to the relevant national authorities;

aligning supervisors’ and workers’ pay incentives, for example, by avoiding high production quotas for workers but salary pay for supervisors;

building capacity of managers, line supervisors and workers to prevent and respond to reports of sexual harassment through culturally sensitive training;

enhancing communication and supervisory skills though training; and

tackling organizational tolerance of sexual harassment through factory-wide awareness raising.

¹ For more information, see the Better Work website at https://betterwork.org/. Source: Brown, Dehejia, and Robertson 2018; Babbit, Brown, and Antolin 2020; Brown and Lin 2014; Truskinovsky, Rubin, and Brown 2014.

This approach has proven to be effective:

Cambodia: As a result of ILO–IFC Better Work services, workers’ reported their exposure to sexual harassment falling by nearly one response category on a four- point scale between 2015 and 2018.

Jordan: As a result of ILO–IFC Better Work awareness raising and specialized training, the probability that workers are concerned with sexual harassment in the factory decreased by 18 percentage point over the past six years.

³² For instance, programmes aiming at altering community norms and empowering bystanders to intervene to stop assault and harassment have produced good results. Bystander intervention training, for example, has been linked to behavioural and attitudinal changes, as well as a reduction in rates of assault on college campuses and in the US military (Hayes, Kaylor, and Oltman 2020; Danna et al. 2020; Mishra and Davison 2020).

5.1

5.1.1

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5.2

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5.2.1

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5.3

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5.4

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The role of employers in prevention of and protection from violence and harassment

5.1. Employers’ obligation to prevent violence and harassment in the world of work

5.2 Adopting and implementing a workplace policy on violence and harassment

5.3. Reinvigorating occupational safety and health to tackle violence and harassment

5.4. Providing accessible information and training