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8.3. How is the implementation of Convention No. 190 supervised?

The implementation of international labour standards is supervised by ILO supervisory bodies, whose nature is unique at the international level. The ILO supervisory system, comprising the Committee of Experts on the Application of Conventions and Recommendations (CEACR) and the ILO Conference Committee on the Application of Standards (CAS), regularly examines the application of standards in Member States and point out areas where they could be better applied (ILO 2019a). ⁴⁷

Once a country has ratified Convention No. 190, it is required, according to Article 22 of the ILO Constitution, to report regularly on the measures it has taken for its implementation. When submitting its first report, the Member is asked to complete a detailed report form correspondingly adopted by the Governing Body (ILO 2021b). Every six years, governments have to provide reports detailing the steps they have taken in law and practice to apply the Convention, and provide replies to comments issued by the CEACR. Governments are required to submit copies of their reports to employers’ and workers’ organizations. These organizations may comment on the government reports, or send comments directly to the ILO on the application of Conventions, following Article 23 of the ILO Constitution (ILO 2019a).

Figure 6. How can ratification be promoted?

If a country has not ratified Convention No. 190 yet …

What canemployers’ and workers’ organizations do?

Put a written request to the Government to find out whether Convention No. 190 has been submitted to the competent authorities for possible ratification and whether the ratification is under consideration;

Require a tripartite consultation at the national or sectoral level;

Develop, join and/or support international and national campaigns, and mobilize members in support of Convention No. 190;

Contact the most representative organizations in the country and coordinate with them;

Raise awareness of Convention No. 190 and conduct assessments among members to understand the situation and challenges in relation to its effective implementation.

What can Parliamentarians do?

Put an oral or written question to the Government during Question Time to find out whether ratification is under consideration, and if not, to determine why Convention No. 190 has not yet been ratified;

Encourage a parliamentary debate on the question;

Work with the Ministry of Labour or any other relevant and competent ministries, social partners, media and civil society to mobilize public opinion in support of Convention No. 190

What can civil society organizations do?

Lobby government representatives and/or employers’ or workers’ organizations for the ratification of Convention No. 190;

Keep institutions accountable for national and global commitments made by governments concerning the ratification and implementation of Convention No. 190;

Develop, join and/or support international and national campaigns in support of the ratification and implementation of Convention No. 190;

Mobilize members and other civil society organizations to create a movement in support of Convention No. 190;

Make your voice heard offline and online, including by using the hashtag #RatifyC190.

What can individuals do?

Get in contact with social partners and ask about any ratification prospects;

Join international and national campaigns, and mobilize friends, your community and civil society in support of Convention No. 190;

Create a movement in support of Convention No. 190;

Be active and make your voice heard offline and online, including by using the hashtag #RatifyC190;

Become an agent of change wherever your work.

⁴⁷ In addition, a number of complaints-based procedures exist; see ILO 2019a.

1.3. The innovative elements of Convention No. 190 and Recommendation No. 206

Convention No. 190 brings together equality and non-discrimination with safety and health at work in one instrument, and places human dignity and respect at its core. The Convention recognizes that violence and harassment can constitute a human rights violation or abuse, and provides, for the first time, a single composite concept of violence and harassment (Art. 1) ⁵. The Convention requires Member States to adopt an inclusive, integrated and gender-responsive approach to prevent and address such behaviours in the world of work (Art. 4(2)). This approach envisages action on prevention, protection, enforcement, remedies, guidance, training and awareness raising (Arts 4, 7–11), and takes into account third parties as both victims and perpetrators. In adopting this approach, Convention No. 190 requires States to recognize the different and complementary roles and functions of governments, employers and workers, and their respective organizations, taking into account the varying nature and extent of their respective responsibilities (Arts 4(3) and 9).

The Convention has a broad personal scope of protection (Article 2) and seeks to address violence and harassment that occurs “in the course of, linked with or arising out of work”, both in the formal and informal economy, and whether in the private or public sector (Article 3). The Convention has a strong focus on inclusivity (Arts 2 and 6) as well as accessibility (Arts 4(2), 9(d), 11(b)), and acknowledges that some groups and workers in certain sectors, occupations and work arrangements are especially vulnerable to violence and harassment (Arts 6 and 8). It embeds a strong gender-responsive perspective with a view to tackling root causes of discriminatory forms of violence and harassment.

Convention No. 190 and Recommendation No. 206 reaffirm the ILO’s crucial standard-setting role. They are tangible evidence of the enduring value and strength of social dialogue among governments, employers’ representatives and workers’ representatives, and that social dialogue and tripartism are essential to implementing these standards at the national level.

Figure 1. The journey towards the adoption of Convention No. 190 and Recommendation No. 206

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.

⁵ This single composite concept of violence and harassment is reflected in the language used in the Convention, which treats the phrase “violence and harassment” as a single unit. Hence the Convention (and this Guide) use singular verbs to refer to violence and harassment – for example, “violence and harassment is” rather than “violence and harassment are”.

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) Maps Icon

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.

3.2. The role of fundamental principles and rights at work in building a world of work free from violence and harassment

Convention No. 190 and Recommendation No. 206 recognize that the right to be free from violence and harassment in the world of work is inseparable and closely interrelated with all fundamental principles and rights at work and, more broadly, with decent work. Violence and harassment and decent work deficits often act as contributing causes and consequences of one another, as research has shown (ILO 2016b; de Bruijn 2020; Reuter et al. 2020; Cassino and Besen-Cassino 2019). After recognizing in its Preamble that violence and harassment in the world of work is incompatible with decent work, Convention No. 190 calls on States to respect, promote and realize the fundamental principles and rights at work, and to promote decent work, in order to prevent and eliminate violence and harassment (Art. 5).

Freedom of association and of the effective recognition of the right to collective bargaining are key means to both prevent and address situations of violence and harassment at work. Conversely, the denial of such rights is a significant factor in increasing the risk of experiencing violence and harassment (ILO 2017a).¹⁶ In this regard, Recommendation No. 206 recommends that these fundamental rights should be ensured to “all workers and employers, including those in sectors, occupations and work arrangements that are more exposed to violence and harassment” (Para. 3).

Box 9. Extending the scope of application of freedom of association and the right to collective bargaining as a pathway towards effective protection against violence and harassment

In recent years, initiatives at different levels have been put in place to extend these fundamental rights to all workers, irrespective of their sectors of activity or nationality (IOE 2019; Jesnes, Ilsøe, and Hotvedt 2019). These are important steps, as they open the door to more effective protection, including against violence and harassment through collective agreements.

France: Article 60 of the Law of 8 August 2016 introduced a separate category of self-employed who work for online platforms. This law grants platform workers the right to constitute and to join a trade union, as well as the right to assert their collective interests through its intermediary.

Samoa: Article 3 of the 2013 Labour and Employment Relations Act states: “This Act applies to: (a) every public body as defined under the Public Bodies (Performance and Accountability) Act 2001, whether or not duly incorporated by an Act of Parliament; and (b) all private or non-government business entities, including but not limited to business involving the agricultural and fisheries sector.” Articles 21 and 22 recognize the right to bargain collectively and to freedom of association, respectively.

Spain: The Self-employed Workers’ Statute (Act 201 of 11 July 2017) introduced a third category of workers in between employees and self-employed workers, known as “economically dependent self-employed”. In particular, article 11 defines these economically dependent self-employed as those who, in return for remuneration, carry out an economic activity or a profession personally, directly and predominantly for an individual or an organization on whom they are financially dependent, as granting them at least 75 percent of their income. The dependent self-employed can form their own professional organizations (such as trade unions) and negotiate working conditions by means of collective agreement.

Social partners’ initiatives

Canada: The workers’ organization Justice for Foodora Couriers was organized by a group of Foodora delivery riders in Canada to improve their fellow food riders’ working conditions. They are mainly campaigning for fair compensation for dangerous work, paid sick leave, and a respectful workplace free from harassment and intimidation. They are preparing to join the Canadian Union of Postal Workers, and once this trade union is certified as their bargaining agent, Foodora will be legally required to negotiate with them as one group. They have also started developing relationships internationally with other riders who work for Foodora and other platforms, with an aim of improving working conditions for all delivery workers around the world (Eurofound 2021).

Italy: In 2018 in Bologna, following negotiations between the Riders Union Bologna; the Italian trade unions CGIL, CISL and UIL; the Municipality of Bologna; and the platforms Mymenu and Sgnam (and later followed by Domino’s pizza), the Charter of Fundamental Rights of Digital Labour in the Urban Context was signed. The Charter is organized around four chapters covering general provisions, including the right not to be discriminated against, the right to be informed, the right to protection – including to a fair wage, health and safety, protection of personal data – and the right to disconnect. The charter is not binding and only those who sign it (on a voluntary basis) must observe it (Bologna Municipality 2018).

Malawi: The Malawi Congress of Trade Unions has endeavoured to establish trade unions in the informal economy. The Malawi Government has registered these trade unions in recognition of the right to organize and to collective bargaining (ILO 2019f).

Respecting, promoting and realizing the right of everyone to a world of work free from violence and harassment cannot be achieved unless forced or compulsory labour and child labour, including its worst forms, which are inherently related to violence, are eliminated. In recent years, historic milestones have been achieved in this regard. In 2021, the ILO Protocol of 2014 to the Forced Labour Convention, 1930, reached 50 ratifications. The Protocol commits governments to taking effective measures to prevent forced labour, protect its victims and ensure their access to justice and remedies. In 2020, the ILO Worst Forms of Child Labour Convention, 2000 (No. 182), achieved its universal ratification. This confirms a global commitment that the worst forms of child labour – such as slavery, commercial sexual exploitation, and the use of children in armed conflict or other illicit or hazardous work that compromises children’s health, morals or psychological well-being – have no place in our society. While ratification by itself is not enough and implementation is vital if people’s lives are to change for the better, these ground-breaking achievements are positive and long-awaited developments, and represent a move towards the creation of a world of work free from violence and harassment.

The principle of equality and non-discrimination is intrinsically linked with violence and harassment (ILO 2012; 2017a; ILO CEACR 2019). This is evident not only by the fact that violence and harassment based on prohibited grounds is to be considered discrimination, but also by the fact that discriminatory laws and practices can contribute to perpetuate harmful social norms or gender stereotypes that can lead to violence and harassment (ILO 2019g). Recommendation No. 206 reminds ratifying countries that efforts to protect women and other groups from high risk of violence and harassment should not result in any forms of direct or indirect discrimination, such as the “restriction of their participation in specific jobs, sectors or occupations, or their exclusion therefrom, of women and groups referred to in Article 6 of the Convention” (Para. 12). Recent research shows that reforming discriminatory laws that, for instance, limit women’s ability to work, manage or inherit property, contribute to reducing violence (Htun and Jensenius 2020). Another study on the incidence of sexual harassment over the last two decades shows that as the gender gap in the labour market closes, sexual harassment reduces (Cassino and Besen- Cassino 2019). ¹⁷

3.2.1 Ensuring equality and non-discrimination for women and groups in vulnerable situations

Promoting equality at work and tackling intersecting and multiple discrimination are key elements of any approach to prevent and end violence and harassment.¹⁸ In this regard, Article 6 of Convention No. 190 requires Members “to adopt laws, regulations and policies that ensure the right to equality and non-discrimination in employment and occupation, including for women workers, as well as for persons belonging to one or more vulnerable groups or groups in situations of vulnerability that are disproportionately affected by violence and harassment in the world of work”. Research shows that personal characteristics, such as race or ethnicity, disability, sexual orientation and gender identity, HIV/AIDS status or family responsibilities may make individuals or groups more exposed to the risk of violence and harassment (ILO CEACR 2019; ILO 2020e; 2020f).

Box 10. Ensuring equality and non-discrimination for all

Sex, gender and family responsibilities

Estonia: According to paragraph 21 of the Strategy for Preventing Violence for 2015–2020, violence prevention is guided by a number of principles, including, inter alia, the following: “Fostering gender equality is an important part of violence prevention. By reducing gender inequality, it is possible to prevent violence and reduce the harm resulting from it. Gender equality concerns both men and women, therefore violence prevention and reduction measures must be directed towards both genders in order to change stereotypical thinking, behaviour and gender roles at home, at work, at school and in the community.”

Japan: From 1 June 2020, under the Law to Prevent Harassment in the Workplace, companies with more than 50 employees must put in place measures to prevent both sexual harassment and harassment related to pregnancy, maternity, and childcare leave. Companies must also take steps to punish harassers. Under the amended Child and Family Care Leave Act and Equal Opportunity Act, companies must establish measures to prevent superiors or colleagues from creating working environments that are hostile to employee pregnancy, childbirth or the taking of childcare or caregiver leave (Library of Congress 2020).

Disability

Austria: Per section 7(d) of the Employment of Persons with Disabilities Act, as amended: “Harassment exists if in conjunction with a disability, a person is subjected to undesirable, inappropriate or objectionable behaviour that is intended as or results in an attack on the dignity of the person concerned and the establishment of an intimidating, hostile, degrading or humiliating environment for the person concerned.”

Azerbaijan: Per article 6(3) of the Law on the rights of persons with disabilities No. 1153-VQ of 2018, discrimination based on disability is defined as “any distinction, exclusion or restriction due to disability, including the denial of reasonable accommodation”. The Law also seeks to ensure the protection of persons with disabilities from torture and other cruel, inhuman or degrading treatment or punishment, all forms of exploitation, violence, insults, and their privacy.

Race, national origin and social origin

UnitedStates(California): In 2018, the California Code of Regulations (sects 11027 and 11028) were amended with a view to broadenthedefinition of national origin and to extend protection from discrimination to new categories of individuals. In particular, unless an employer can demonstrate a business necessity, restrictions concerning the speaking of any particular language are presumed unlawful. In addition, an employer cannot discriminate against a person based on their level of English proficiency or accent unless otherwise required to effectively fulfil job duties. Finally, any discrimination against employees due to their immigration status is prohibited, unless the employer shows “clear and convincing” evidence that its actions were necessary to comply with federal immigration laws.

Hong Kong, China: The 2020 Race Discrimination Ordinance defines racial harassment as, first, “unwelcome conduct” on the ground of race “in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated by that conduct”; second the creation of a hostile or intimidating environment. The ordinance follows the 2018 launch of the Equal Opportunity Commission’s Racial Diversity and Inclusion Charter for Employers, which provides a checklist of policies and practices for employers to commit to (Hong Kong, China 2018a). ¹⁹

Sexual orientation and gender identity

Brazil: In 2020, the Public Labour Prosecution Office’s Committee for the Promotion of Equal Opportunities and the Elimination of Discrimination at Work issued Technical Note 02/2020 to guide the agency in defending the rights of the LGBTQI+ population in the labour context. According to the Technical Note, employers (companies, public agencies, individuals, and professional unions, from all economic sectors and non-profit entities) are required to adopt measures to prevent LGBTQI+ employees, outsourced employees, interns or clients from being directly or indirectly exposed to violence and harassment rooted in LGBTQI- phobia or transphobia or to sexual harassment and cyberbullying based on sexual orientation or gender identity.

Canada: In June 2017, the Canadian Government amended the Human Rights Act to outlaw employment discrimination, including discrimination-based harassment, based on gender identity and expression.

Japan: Government guidance on the law on Harassment at Work states that “outing” an LGBTQI+ person or insulting a person’s sexuality or gender identity will constitute power harassment, and is prohibited (Library of Congress 2020).

UnitedStates: On 15 June 2020, in the case Bostockv.ClaytonCounty, the Supreme Court of the United States ruled that the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual orientation or gender identity.

HIV and AIDS

India: The HIV Prevention and Control Act 2017 states:

No person shall, by words, either spoken or written, publish, propagate, advocate or communicate by signs or by visible representation or otherwise the feelings of hatred against any protected persons or group of protected person in general or specifically or disseminate, broadcast or display any information, advertisement or notice, which may reasonably be construed to demonstrate an intention to propagate hatred or which is likely to expose protected persons to hatred, discrimination or physical violence (chapter 1).

Nicaragua: Article 8(d) of Law on Violence against Women No. 779 of 2012 prohibits any forms of violence that “discriminate against women in public or private workplaces and hinder their access to employment, hiring, decent and equitable salary, promotion, stability or permanence in the same, demanding requirements regarding marital status, maternity, surgical sterilization, age, physical appearance, pregnancy test or Human Immunodeficiency Virus (HIV/AIDS) or any other test on the health status of women”.

Miscellaneous

Albania amended section 9(2) of its Labour Code, which prohibits discrimination in employment and occupation, by adding the grounds of disability, HIV/AIDS or union affiliation (Law No. 136/2015).

France: Over the years, including recently, the list of prohibited grounds of discrimination contained in article L1132-1 of the Labour Code has been extended, and now covers: origin; sex; mores (social habits); sexual orientation; gender identity; age; family situation; pregnancy; genetic characteristics; particular economic vulnerability; real or supposed belonging to an ethnic group, nation or alleged race; political opinions; trade union activities; holding of an elective office; religious beliefs; physical appearance; last name; place of residence; place of bank; health; loss of autonomy; disability; and capacity to express oneself in a language other than French.

Liberia: The 2015 Decent Work Act prohibits direct and indirect discrimination against all persons who work or who seek to work on the grounds protected under Article 1(1)(a) of ILO Convention No. 111, as well as on a range of additional grounds including tribe, indigenous group, economic status, community, immigrant or temporary resident status, age, physical or mental disability, gender orientation, marital status or family responsibilities, pregnancy and health status including HIV or AIDS status (sects 2.4 and 2.7) (ILO CEACR 2016).

Mexico published an Executive Order referred to as “Olimpia Act” (Ley Olimpia) or “Digital Violence Act” that modifies the Criminal Code for Mexico City and the Law on Women’s Access to a Violence-Free Life in Mexico City. The amendments to articles 209 and 236 of the Mexico City Criminal Code provide that penalties are increased if digital violence is committed against senior citizens, disabled, homeless or indigenous people, or if digital or electronic media or any other device of communication are used as a means of committing the offence, as well as in cases where the offence uses images, audio or videos with an intimate sexual content (Mexico, n.d.).

United States (New York State): In 2019, New York State extended its protections against harassment to any protected category, including age, race, creed, colour, national origin, sex, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, familial status, marital status, lawful source of income, arrest and conviction, sexual and reproductive health, and domestic violence victim status (Zweig 2020).

SaoTomeandPrincipe:Act No. 6/2019 of 16 November 2018 defines and prohibits direct and indirect discrimination based on the grounds of ancestry and social origin, race, colour, age, sex, sexual orientation, marital status, family status, genetic heritage, reduced working capacity, disability or chronic illness, nationality, ethnic origin, religion, political or ideological beliefs and trade union membership (sects 15–17).

In relation to the identification of vulnerable groups and groups in situations of vulnerability, Paragraph 13 of Recommendation No. 206 clarifies that this should be done in accordance with applicable international labour standards and international instruments on human rights. The only group in a vulnerable situation that Recommendation No. 206 specifically mention is “migrant workers, particularly women migrant workers, regardless of migrant status” (Para. 10). Migrant workers, particularly those in an irregular situation, are vulnerable to violence and harassment in the world of work at all stages of the migration cycle (ILO 2016c; 2017a; WHO 2020). ²⁰ The fact that, in many instances, temporary migrant workers or migrants in irregular situations do not enjoy in law or in practice equality of treatment with national workers or may be excluded from the scope of application of individual and collective employment provisions exacerbates this situation and creates a higher degree of threat (ILO 2020g). This threat of violence and harassment is even more present for women migrant workers in these situations. For this reason, Paragraph 10 of Recommendation No. 206 invites Member States to “take legislative or other measures to protect migrant workers, particularly women migrant workers, regardless of migrant status, in origin, transit and destination countries as appropriate, from violence and harassment in the world of work”. Besides ensuring that individual and collective employment and labour law provisions also cover migrant workers, memoranda of understanding and bilateral agreements, when drawn in line with international labour standards, can contribute to ensuring the necessary protection for all concerned.

Box 11. Violence and harassment and protection of migrant workers

Recent bilateral labour agreements contain provisions affirming that migrant workers should be treated in accordance with the laws of the host State or expressing their human rights as migrant workers (ILO 2017a). Recently, the new Agreement between the United States of America, the United Mexican States, and Canada (the successor to the North American Free Trade Agreement) encompasses specific reference to the need to ensure labour rights to migrant workers, including all fundamental principles and rights at work (arts 23.3 and 23.9), and to address any instances of “violence, threats, and intimidation against workers” (art. 23.7). The Nepal–Jordan General Agreement, 2017 ¹ also includes a specific provision on the need to ensure the right to equality and non-discrimination to migrant workers (Wickramasekara 2018).

¹ The full name of the agreement is the General Agreement in the field of Manpower between the Government of the Hashemite Kingdom of Jordan and the Government of Nepal.

¹⁶ Although ILO instruments on freedom of association do not include an explicit prohibition of violence against trade union activities, the ILO CEACR has consistently stressed the interdependence between civil liberties and trade union rights, and in particular the importance for trade unions to operate in a climate free from violence, pressure and threats of any kind; see ILO 2012.

¹⁷ The study focuses on the United States, and shows that this decline has disproportionately benefited white women, who are now much less likely to experience sexual harassment in the workplace than, for example, African-American women.

¹⁸ Social policies that alleviate the burden of unpaid care work and promote a more equal share of family responsibilities are also essential, as they combat discrimination in the workplace and enable workers, particularly women, to combine family and wage work. See ILO 2018d; 2019g.

¹⁹ Covering the areas of policy, culture and work environment, the Charter consist of a list of nine guidelines: i) implement racial equality and diversity policies for the organization; ii) establish fair recruitment, appointment, promotion, staff development and dismissal processes and criteria; iii) review the employment processes and policies regularly to remove barriers for people of all races; iv) raise awareness of the policies and principles of racial inclusion among staff; v) proactively encourage engagement with racial minorities from underprivileged and under-represented communities; vi) provide a safe and collaborative work environment for all employees; vii) make employees of all races feel involved and included; viii) have in place a formal grievance process for employees to report and receive redress for any discrimination; and ix) ensure grievances are dealt with swiftly, effectively and confidentially (Hong Kong (China) 2018b).

²⁰ In this regard, the United Nations Committee on the Protection of the Rights of Migrant Workers (CMW) and the Special Rapporteur on the Human Rights of Migrants have expressed the view that irregular entry or stay should not be considered a criminal offence, and that migrants in an irregular situation are not criminals per se and should not be treated as such. The CMW also considered that such criminalization fosters public perceptions that migrant workers and members of their family in an irregular situation are “illegal” or unfair competitors for jobs and social benefits, thereby fuelling discrimination and xenophobia. Building on this, and mindful that such criminalizing may increase the vulnerability of migrant workers to violations of their basic human rights, the ILO CEACR has stressed the particular importance of measures to combat stereotypes and prejudices of migrants as being more susceptible to engaging in crime or violence and to protect all migrant workers from racial discrimination and xenophobia (ILO 2016e, para. 294).

4.2. How can violence and harassment in the world of work be prevented?

Article 4(c) of Convention No. 190 calls for the adoption of a comprehensive strategy in order to implement measures to prevent and combat violence and harassment; while Article 8 requires countries to “take appropriate measures to prevent violence and harassment in the world of work”. This obligation applies to all possible occurrences of violence and harassment, as defined in Article 1, against persons covered under Article 2, and in all instances under Article 3, including commuting to and from work and online violence and harassment. Convention No. 190 does not encompass a list of specific measures, but allows countries the flexibility to implement the most appropriate measures based on national circumstances. ²¹

Box 13. Preventing violence and harassment in the world of work: Measures adopted by governments

In recent years, some countries have extended the scope of labour law protection to include categories of workers traditionally excluded, such as domestic workers. Others have amended their criminal or penal codes to make some forms of violence and harassment as an offence or to provide for increased penalties in case of abuse of a power relation or labour authority. Others have adopted measures to tackle online violence and harassment, to make public transportation safer, and to address violence and harassment in the street.

Extending the scope of labour law and OSH protection

Denmark: The 2020 the Executive Order on psychosocial working environment specifically “applies to any work performed for an employer” (sect. 2.1), including “work in the employer’s private household” (sect. 2.2.). Protection extends to all offensive behaviour, including bullying and sexual harassment (sects 22–24) and work-related violence during working hours (sect. 25), with the latter 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”.

India: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which prohibits sexual harassment in the workplace also includes domestic workers. The law sets out employers’ obligations to provide a safe working environment as well as complaint mechanisms.

Mexico: In 2019, the Federal Labour Law and the Social Security Law were amended to extend protection to domestic workers, including protection against discrimination in employment conditions. Moreover, any action that seeks to undermine the worker’s dignity and integrity is also prohibited. Any dismissal that involves gender-based violence and/or discrimination shall be deemed an unjustified dismissal (Treviño 2019).

Pakistan (Sindh Province): The Sindh Women Agriculture Workers Bill passed in 2019 and provides rights to women who work in the agriculture sector, including farming, livestock and fisheries and related sectors. The law concerns their pay and minimum wages, gives them recognition, and ensures measures for promotion and protection of their rights. The law specifies that each of these women workers should perform work free from all forms of harassment or abuse.

Harassment as an offence under criminal law

Chad: Article 341 of the Penal Code, as amended in 2017, states that “whoever imposes on a person, repeatedly, sexual remarks or behaviours that undermine his or her dignity because of their degrading or humiliating character, or creates an intimidating, hostile or offensive situation, commits the offense of sexual harassment”. The article further provides that “sexual harassment refers to the fact, even if not repeated, of using any form of serious pressure for the real or apparent purpose of obtaining an act of a sexual nature, whether it is sought for the benefit of the perpetrator or for the benefit of a third party”.

Ecuador: Article 166 of the Penal Code, as amended in 2014, under “sexual harassment”, states as follows:

A person who requests some act of a sexual nature, for himself or for a third [party], taking advantage of a situation of labour authority, teacher … professional education or health, responsible personnel in the patient care and care or to maintain a bond family or any other form that implies subordination of the victim, with the threat of causing the victim or to a third party, an evil related to the legitimate expectations you may have in the field of said relationship, shall be punished with a custodial sentence one to three year

Gabon: Article 402 of the Penal Code, as amended in 2018, provides the following:

Constitute offenses against morals: … 3° any repeated behaviour, attitude or assiduous or suggestive speech, directly or indirectly attributable to a person who, misusing the authority or influence conferred on him by his functions or his social rank, aims to obtain sexual favours from an individual of either sex; … Anyone who is guilty of sexual harassment referred to in point 3 of this article shall be punished by imprisonment for a term of not more than six months and a fine of up to 2,000,000 francs.

Republic of Guinea: Article 277 of the Penal Code, as amended in 2016, states the following:

Sexual harassment is the act of imposing on a person, repeatedly, conversations or behaviours of a sexual nature that either undermines that person’s dignity because of their degrading or humiliating character, or that create a situation that is intimidating, hostile or offensive to said person. Any form of serious pressure, even if it is not repeated, which aims, for a real or apparent purpose, at obtaining an act of a sexual nature, whether sought for the benefit of the perpetrator or for the benefit of a third party is assimilated to sexual harassment.

Street harassment

France: In 2018, a legislative measure (Law No. 2018-703) outlawed sexual harassment in the street, rendering catcalling and lewd or degrading comments a contravention punishable by on-the-spot fines of up to €750.

Costa Rica: A Law Against Street Sexual Harassment was adopted in 2020 with the aim to “guarantee the equal right, to all people, to transit or remain free from sexual harassment in public spaces, in private spaces of public access and in means of paid transportation of people, whether public or private, establishing measures to prevent and punish this expression of violence and sexual discrimination that threatens the dignity and security of people” (art. 1). Street sexual harassment is defined as “any conduct or conduct with a sexual connotation and of a one-way nature, without the consent or acquiescence of the person or persons to whom it is directed, with the potential to cause annoyance, discomfort, intimidation, humiliation, insecurity, fear and offence, which generally comes from a person unknown to the recipient and which takes place in public spaces or public access” (art. 1). Article 2 further provides that all public institutions are mandated to carry out policiesandactions for the prevention of street sexual harassment, which contribute to eradicating gender prejudices based on the idea of superiority of men and inferiority of women, and to promote actions that include women. ²²

Philippines: The 2018 Safe Spaces Act defines and criminalizes gender-based sexual harassment in public spaces, which are defined as “streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centres, government offices, public utility vehicles as well as private vehicles covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theatres and spas” (art. 3).

Public transportation

Egypt: The Egyptian National Railways identified several measures to improve women’s safety, including improved lighting, surveillance cameras, trained security staff in the most crowded stations, and a customer hotline. It also launched a gender training course for staff (Social Development Direct 2020a).

Kenya: A toolkit for public minibus transport providers in Nairobi has been developed. The toolkit includes a Customer Service Charter to improve safety for women passengers, and provides details about how to make a complaint. The Charter is displayed in buses and bus stations (UN-Habitat 2019).

Online violence and harassment

Ireland: In 2020, the Harassment, Harmful Communications and Related Offences Bill 2017 was adopted with a view to prohibiting and criminalizing the publishing of intimate images of another person without their consent.

Mexico: In 2020 the Law on Women’s Access to a Violence-Free Life in Mexico City was amended to extend the notion of violence against women to include any acts carried out through information and communication technologies that threatens the integrity, dignity, intimacy, freedom, and private life, of women or causes psychological, physical, economic or sexual harm or suffering, both in the private and public spheres, as well as any act that causes non-material loss to them and/or their families (Mexico, n.d.).

Ethiopia: In 2020, the legislature enacted the Hate Speech and Disinformation Prevention and Suppression Proclamation, which prohibits “speech that deliberately promotes hatred, discrimination or attack against a person or a discernible group of identity, based on ethnicity, religion, race, gender or disability” on social media via text, audio, images or video.

4.2.1. How to protect informal economy workers?

While Article 8 provides for a general duty to take appropriate measures to prevent violence and harassment in the world of work, it also calls on ratifying countries to include measures in relation to the informal economy and to those sectors, occupations and work arrangements in which individuals are more exposed to violence and harassment. In particular, in relation to the informal economy, Article 8 requires ratifying countries to:

“recognize the important role of public authorities in the case of informal economy workers” (Art. 8(a)), and

“taking measures to effectively protect such persons” (Art. 8(c)).

This provision was introduced to address the fact that many informal economy workers, particularly those who work in public spaces, such as street vendors and waste pickers, face violence and harassment from public authorities in the form of confiscation of goods, demand for sexual favours or forceful dispersion (ILO 2019b).

Box 14. Examples in recent legislative reforms and social partners’ initiatives

In recent years, specific measures to protect informal economy workers have encompassed including informal economy workers within the scope of labour law, decriminalizing sidewalk vendors, easing legislation on granting permits, and ensuring their participation in relevant planning and decision- making processes.

Nicaragua: The Integral Law on Violence against Women, 2014, explicitly includes public officials as perpetrators of violence against women. Article 2 defines “violence in the public sphere” as “one that, by malicious or reckless action or omission, takes place in the community, labour and institutional or any other environment, which is perpetrated against the rights of women by any person, by State authorities, or by public officials”.

United States(California): In 2018, the State of California enacted the Safe Sidewalk Vending Act with the purpose of legalizing and decriminalizing sidewalk vending across the state. Specifically, the bill establishes parameters for local regulation of sidewalk vending and prohibits local authorities from imposing criminal penalties on sidewalk vendors.

Americas: The Trade Union Confederation of the Americas adopted Resolution No. 9 “Workers in precarious and informal situations” at its 3rd Congress in 2016, which ratified its commitment to promote the extension of rights to informal economy workers, especially women, young people, Afro-descendants and migrant workers (ILO 2016d).

Malawi: The Tobacco and Allied Workers’ Union of Malawi has introduced a number of measures to protect women workers and young girls, including a policy on sexual harassment, ratified by the Malawi Congress of Trade Unions and the Malawi Human Rights Commission in 2015 (ILO 2019f).

In addition, Paragraph 11 of Recommendation No. 206 recommends countries to provide resources and assistance for informal economy workers and employers (and their associations) in order to prevent and address violence and harassment in the informal economy when facilitating the transition to the formal economy. This provision builds on the ILO Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), which calls for the adoption of an integrated policy framework to facilitate such a transition. This should address, among others, “the promotion of equality and the elimination of all forms of discrimination and violence, including gender-based violence, at the workplace” (Para 11) (ILO 2020h; 2019f).

Box 15. Social and solidarity economy: An important ally in enabling a violence- and harassment-free working environment

Among other means, cooperatives and other forms of social and solidarity economy enable formalization by transforming what are often marginal survival activities into legally protected work, fully integrated into the mainstream economy. By providing opportunities for productive and decent employment, cooperatives have also been pivotal in improving working conditions, including preventing and addressing violence and harassment in the informal economy. In 2019 the International Co-operative Alliance approved the Declaration on Decent Work and Against Harassment, making a formal commitment towards the promotion of a decent working environment and zero tolerance for any form of sexual and moral harassment and violence in the workplace or for any misconduct, including intimidation, oppression, and discrimination, as well as any abuse of power.

Cooperatives can provide training on violence and harassment. For example, in Brazil, cooperatives have supported waste pickers to improve their income and facilitated negotiations with public authorities and private intermediaries, contributing to the improvement of occupational safety and health, legal and social protection, and prevention from violence and harassment (Dias 2020; 2016).

4.2.2. Specific measures for highly exposed sectors, occupations and work arrangements

Article 8(b)–(c) of Convention No. 190 calls on ratifying countries to identify, in consultation with the employers’ and workers’ organizations concerned and through other means, the sectors, occupations and work arrangements in which workers and other persons concerned are more exposed to violence and harassment, and to take measures to effectively protect such persons. Paragraph 9 of Recommendation No. 206 identifies some of these sectors, occupations and work arrangements: night work, work in isolation, health, hospitality, social services, emergency services, domestic work, transport, education or entertainment. ²³ In stating the above, it demonstrates that the instruments are not grounded in a “one-size-fits-all” approach, but rather on the idea that the effective prevention and elimination of violence and harassment requires a deep understanding of each specific context and work environment.

Box 16. Provisions addressing violence and harassment in selected sectors, occupations or work arrangements

China adopted the first fundamental and comprehensive law for protecting healthworkers, which took effect on 1 June 2020. The law bans any organization or individual from threatening or harming the personal safety or dignity of health workers (Global Times 2019; Lancet 2020).

Denmark: Section 29 of the 2020 Executive order on psychosocial working environment provides that, “if the employee performs solitary work, which may involve a special risk of violence, the work must be arranged in such a way that the special risk of violence is countered. If the special risk of violence cannot be countered, the employee must not work alone”.

Lesotho: The 2020 National Occupational Safety and Health Policy explicitly specifies “violence and harassment” as one OSH issue that every organization or individual involved with distribution and transport shall be required to pay attention and monitor (Lesotho 2020).

Moldova: Items 6 and 9 of the Order of the Ministry of Education No. 861 approving the Code of Professional Ethics for Teachers (dated 7 September 2015) provides for a ban on any kind of harassment of teaching staff, regardless of the status and position of the harassing person, as well as a ban on sexual harassment and sexual relations with students, including by mutual consent.

Pakistan (Khyber Pakhtunkhwa Province) Maps Icon

Pakistan (Khyber Pakhtunkhwa Province): Pakistan’s Khyber Pakhtunkhwa Province adopted the Healthcare Service Providers and Facilities (Prevention of Violence and Damage to Property) Act, 2020, which seeks to: ensure the protection and security of healthcare workers and institutions; prevent violence against healthcare personnel, patients and their attendants; prevent damage or loss to property and equipment in healthcare facilities, and ensure uninterrupted provision of healthcare services. It also broadens the relevant legal definitions to offer protection to healthcare workers across various cadres and healthcare settings (including private and public sectors, as well as affording protection to healthcare workers inside healthcare facilities and in the field). The Act further prohibits the obstruction and disruption of healthcare services, the entry of unauthorized weapons inside healthcare facilities, and elaborates the responsibilities of healthcare workers and facilities to protect the rights of patients and their attendants (ICRC 2021).

Paraguay adopted the Guide to Occupational Safety and Health for Domestic Workers in 2017. The Guide provides employers and workers with information on their respective rights and obligations in the field of OSH, including violence, harassment and psychosocial risks, and promotes existing mechanisms for these cases (ILO 2017b).

Puerto Rico (United States): Article 5 of Law No. 90 of 2020 states: “Where the workplace harassment situation arises between employees of different employers, such as employees of temporary employment agencies, security companies, maintenance companies or other contractors, who interact in a common workplace, all employers involved shall have an obligation to investigate the allegation of workplace harassment, regardless of whether or not they are the direct employer of the complaining employee.”

Qatar: With the ILO’s assistance, a Guidance Tool has been developed as a resource to promote fair recruitment and employment standards in the hospitality sector. The Guidance aims to support hotel companies in Qatar to respond to labour rights challenges by implementing appropriate policies and by exercising thorough and ongoing human and labour rights due diligence (ILO 2020j).

Ukraine: The 2018 law on amendments to some legislative acts of Ukraine concerning anti-bullying (harassment) against teachers and students defines bullying as “acts of participants in the educational process that involve psychological, physical, economic, or sexual violence, including the use of electronic communications … as a result of which the victim’s mental or physical health may have been harmed”.

United States: A growing number of US states and cities have passed laws requiring hotels to provide emergency panic buttons to workers who provide in- room services. The buttons are GPS-enabled devices that alert security guards of a worker’s location if he or she feels unsafe in a room. Some cities also require hotels to establish sexual harassment policies, conduct mandatory training and provide workers with a list of local services focused on preventing sexual harassment and assault. ²⁴

United States (California): In 2016, California adopted the SB-1299 Workplace violence prevention plans: hospitals. This Act identifies relevant components of any violence prevention plan, including: documentation and reporting, assessment of physical plant risk factors, use of surveillance and alarm systems, adequate staffing patterns, and training. It also states specifically that all healthcare workers who provide direct care to patients must receive, at least annually, training, and that all violent incidents be documented and reported, and investigated and debriefed.

Viet Nam: The 2019 Labour Code explicitly prohibits employers of domestic workers from mistreating, sexually harassing, extracting force labour from or using force of violence against the domestic worker (art. 165).

In line with Article 12 of Convention No. 190, which states that the provisions of the Convention can be applied through “collective agreements and other measures consistent with national practice”, several initiatives and measures have been recently developed and implemented by employers’ and workers’ organizations to ensure effective and tailored protection against violence and harassment in specific sectors (see box 17).

Box 17. Social partner and business-led initiatives in specific sectors

Europe: In December 2018, the Trade Unions’ National and European Administration Delegation and the European Public Administration Employers signed and adopted the Multi-sectoral Guidelines to tackle third-party violence and harassment related to work. The aim of the Guidelines is to ensure that each workplace has a results-oriented policy that addresses the issues of third-party violence. The document sets out the practical steps that can be taken by employers, workers and their representatives/trade unions to reduce, prevent and mitigate such a phenomenon (TUNED and EUPAE 2018).

Finland: In 2019, the Department of Justice published a guide – Journalists and Hate Rhetoric – as part of a campaign against hateful rhetoric, including by governmental and nongovernmental entities. Since 2019, Finland’s media companies have joined forces and set up a “journalist support fund” to counter harassment. Additionally, the Union of Journalists of Finland has issued a guide for active journalists with advice on what to do if they are the target of a hate campaign (Library of Congress 2019).

Germany: Deutsche Bahn AG, a German railway company, adopted in 2016 a company agreement “for equal treatment and protection against (sexual) harassment and discrimination”, which includes training for managers and workers and helplines for victims, and has provided training on self-defence against physical and sexual violence perpetrated by clients (ETUC 2017).

Italy: The national collective agreement for domestic workers, in force since 1 October 2020, includes a common declaration acknowledging that violence and harassment in the domestic workplace constitutes abuse and a violation of human rights. Social parties to the agreement also committed to promote initiatives to counter any behaviour incompatible with human dignity (Fidaldo et al. 2020, art. 28). In addition, in 2015, the trade unions FENEAL-UIL, FILCA-CISL and FILLEA-CGIL developed and agreed upon a “code of conduct against harassment and violence in the workplace” that is now part of the national collective agreement of the wood sector (FederlegnoArredo et al. 2015).

Jordan: Through Better Work Jordan, a joint initiative of the ILO and the International Finance Corporation, a three-year collective bargaining agreement was signed in 2019 between workers and employers in Jordan’s garment industry. The agreement introduced a clause on the elimination of violence, harassment and discrimination in the workplace and among workers. This clause was the first of its kind in collective bargaining agreements in Jordan. Creating an internal grievance redress mechanism for all workers, the agreement also prohibits pre-employment pregnancy tests. A separate collective bargaining agreement was signed in 2019 for workers in the private education sector, which addressed two forms of violence and harassment in the world of work: sexual harassment and pay discrimination (General Trade Union of Workers in Textile, Garment and Clothing 2019).

Senegal: The Association of Musicians (AMS) and the Association of Senegalese Jurists (AJS) created a partnership with a view to supporting units in different parts of Senegal by using the network of jurists of the AJS. Senegalese musicians are offered psychological support and legal assistance to address issues of sexual harassment and gender-based violence. Furthermore, through this collaboration, “paralegals” have been trained among AMS members in order to strengthen the union’s capacity to assist its affiliates (ILO 2020f).

South Africa: A code of practice has been introduced by the South African Guild of Actors and Sisters Working in Film & TV setting out principles and policies for the elimination of sexual harassment in the film and television industry (ILO 2020i).

Spain: following an increase in online attacks on journalists, certain newspapers in Spain developed specific protocols to provide for procedures for journalists’ complaints, assessment of online harassment complaints by the newspaper’s social media team, consideration of withdrawal of comments from social media platforms, and referral to legal counsel and human resources for the purpose of filing legal actions (Library of Congress 2019).

Uganda: The Uganda Hotel Owners’ Association is promoting a programme aimed at strengthening the hotel industry’s response to HIV and AIDS in Uganda and protecting hotel workers from sexual harassment, through the provision of training to hotel managers and supervisors on issues covering violence, sexual harassment, and occupational safety and health (Social Development Direct 2020b).

²¹ According to the Manual for Drafting ILO Instruments, “the qualifier ‘appropriate’ is translated in French as approprié(e)(s) (i.e. adapted for a specific use or well adapted). In English it means ‘suitable’ or ‘proper’ depending on the circumstances” (ILO 2006, 114).

²² In particular, article 2 mandates the National System for the Attention and Prevention of Violence against Women and Intrafamily Violence to incorporate and promote actions of prevention, intervention and attention to sexual harassment in public spaces and public access areas. In addition, the Law also requires the police, without exception, to include in their crime prevention and citizen security programmes specific actions on street sexual harassment.

²³ For an overview of recent social partner initiatives in the entertainment sector, see ILO 2020i.

²⁴ For instance, in the State of Illinois, article 5 of Hotel and Casino Employees Safety Act states that each hotel and casino must equip employees assigned to work on their own in a guest room, restroom or casino floor with a portable emergency contact device or panic button that can be used to summon help if an employee reasonably believes there is an ongoing crime, sexual harassment or assault, or other emergency (Baratt 2019). Cities include New York, Chicago, Seattle and Santa Monica (Campbell 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

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: …

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).

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