Violence and harassment at work

Violence and harassment at work

Explanatory note

The Violence and Harassment Convention, 2019 (No. 190) and its Recommendation No. 206, adopted by the International Labour Organisation's International Labour Conference, constitute the first international framework that recognises the right of all persons to a world of work free from violence and harassment, including on the basis of gender. These legally binding instruments establish the obligation for states to adopt comprehensive measures to prevent, protect, provide redress and raise awareness, applicable to all sectors—both public and private—and to all workers, regardless of their contractual status.

In line with the ILO Centenary Declaration on the Future of Work, Convention 190 promotes an inclusive and integrated approach that takes gender considerations into account and addresses physical, psychological, sexual, economic and symbolic forms of violence, as well as the associated psychosocial risks.

Binding ILO Convention

C190 – Violence and Harassment Convention (2019)

R206 – Recommendation on Violence and Harassment (2019)

Legislation: Which are the main legislative sources analysed?

Constitution: general principles on decent work, integrity and occupational safety.

General labour codes or laws: sections relating to working conditions, and the prevention and punishment of violence, harassment and discrimination.

Equality legislation and specific laws on violence against women: provisions applicable to the workplace.

Specific regulations on violence-free work environments.

Occupational health and safety legislation: measures to prevent psychosocial risks and ensure safe work environments.

Sub-areas and criteria: What do we analyse in this area?

Sub-area Criteria

Violence and harassment in the world of work

Indicate whether there are legal definitions of violence and harassment in the workplace, including the recognised forms of violence.

Protection, prevention, redress and awareness-raising

Indicate the existence of regulations covering the prevention, handling and punishment of violence and harassment in the workplace; including prevention measures (protocols, training, awareness-raising campaigns), reporting, support and protection mechanisms, a system of sanctions and accountability, measures for redress and support for victims, as well as the scope of the legislation as regards all workers, particularly those in the informal economy, people with diverse gender identities and other vulnerable groups.

Recommendations: What criteria are used for the recommendation?

Violence and harassment in the world of work

Estado Criterion Definition Binding recommendation
Preserve Where there is a legal definition of violence and harassment in the workplace. No further regulatory action is required. No recommendation is therefore made.
Expand Where there is a legal definition of violence and harassment in the workplace, but only in a limited sense. Extend the definition of violence and harassment in the world of work and on the grounds of gender; expand the scope and field of application in a broad sense, in line with the provisions of Convention 190.
Reform Where there is no legal definition of violence and harassment in the workplace. Incorporate provisions in national legislation to define violence and harassment in the workplace and on the basis of gender, in accordance with the provisions of Convention No. 190 and Recommendation No. 206.
Eliminate Where there are provisions that exclude violence and harassment in the world of work or limit its definition, particularly by failing to address the gender dimension or by restricting its scope of application. Remove any provisions that limit or contradict the definition of violence and harassment in the world of work, bringing it into line with the standards set out in ILO Convention No. 190 and Recommendation No. 206.

Protection, prevention, redress and awareness-raising

Estado Criterion Definition Binding recommendation
Preserve Where there are regulations governing the prevention, handling and punishment of violence and harassment in the workplace. No further regulatory action is required. No recommendation is therefore made.
Expand Where there are regulations governing the prevention, handling and punishment of violence and harassment in the workplace, but only partially. Expand the protection and prevention measures to recognise the impact of domestic violence in the workplace; or to prevent the associated psychosocial risks; or ensure recognition of the impact of domestic violence in the workplace; or incorporate measures that take the psychosocial risks associated with domestic violence into account; or expand guidance, training and awareness-raising measures in relation to violence and harassment in the workplace and on the grounds of gender; or expand the implementation of guidance, training and awareness-raising measures; or adopt recourse and redress mechanisms for violence and harassment in the workplace; or adopt measures for protection, prevention, recourse and redress on a tripartite basis; or incorporate into the national legislation guidance, training and awareness-raising measures that recognise the impact of domestic violence and the associated psychosocial risks.
Reform Where there are no regulations governing the prevention, handling and punishment of violence and harassment in the workplace. Adopt laws on the protection and prevention of violence and harassment in the world of work.
Eliminate Where there are regulatory provisions that unjustifiably exclude or limit protection, prevention, punishment or redress in relation to violence and harassment in the world of work, or that restrict their scope to certain groups of workers. Remove any provisions that limit protection, prevention, punishment and redress for violence and harassment in the world of work, ensuring a comprehensive approach that applies to all workers, in line with ILO Convention No. 190 and Recommendation No. 206.