In depth
1. What does ILO Convention 190 regulate?
ILO Convention 190 is a specialized treaty on violence and harassment at work that establishes specific obligations for the states that sign it. Among the most relevant aspects of this convention are the following:
- Elimination of all types of violence in the workplace: Contrary to what is often thought, ILO Convention 190 is not a treaty on the attention and elimination of sexual harassment, but rather seeks to comprehensively regulate violence in the workplace. For this reason, this convention requires states to adopt norms aimed at addressing other types of violence, such as harassment at work, economic violence, or discrimination at work.
- Treatment of violence in work schemes not regulated by labor legislation: States must implement guidelines to address situations of violence that occur not only in the framework of labor or training relationships, but also in civil or commercial contracting schemes, volunteering and subcontracting, among other non-traditional forms of work.
- Ratification of the importance of a gender perspective in the investigation of acts of violence: The importance of a gender perspective in addressing situations of violence based on gender stereotypes and roles is recognized. Thus, it imposes on the states the obligation to promote the use of this tool for the proper care of persons affected by this type of violence.
- Adoption of measures to prevent and combat violence at work from an occupational health and safety perspective: It establishes that violence should be identified and treated as a psychosocial risk and that the particularities of each sector should be considered for the implementation of guidelines to combat violence and harassment.
- Workers' participation: Convention 190 states that workers must participate in the approval of policies for the prevention of violence, as well as in the identification of the risks associated with violence within their companies.
2. What legislative changes can we expect from the Peruvian state in the coming months in order to bring domestic legislation in line with ILO Convention 190?
Without prejudice to the adjustments that are likely to be made to Law No. 27942, Law on the Prevention and Punishment of Sexual Harassment and its Regulations as part of the process of bringing domestic legislation in line with the provisions of ILO Convention 190, it is likely that in the following months the implementation of some of the following legislative measures will be discussed:
- Adoption of a legal definition of "workplace harassment" and a procedure for investigating complaints of this type of violence
- Implementation of regulations requiring employers to treat workplace violence as a psychosocial risk and imposing the obligation to adopt concrete preventive measures from an occupational health and safety approach
- Implementation of special regulations on the prevention and punishment of violence in the workplace in sectors traditionally considered more prone to it, such as agriculture and transportation
- Approval of norms that grant participation to workers in the approval of internal policies on the prevention of violence, as well as in the identification of this type of risks
- Strengthening of legislation applicable to labor inspections regarding the prevention and punishment of violence and discrimination
3. Recommendations for employers
A good practice that employers can implement until the process of adapting internal regulations to ILO Convention 190 is completed is to include a section with information on this convention and how it can be used as a tool within the legal procedure for investigating complaints of sexual harassment in the annual mandatory training sessions for the Sexual Harassment and HR Intervention Committee.
In addition, it is advisable that companies review their internal policies regarding other forms of violence besides sexual harassment, such as workplace harassment or discrimination. In this way, they could begin to adopt labor measures in line with the objective of Convention 190 in order to guarantee a safe working environment for personnel.
Finally, we consider it important to remember that until the process of adaptation of internal regulations is completed, employers have the obligation to comply with the current legislation on prevention and punishment of sexual harassment and equal pay. If they fail to do so, employers may be sanctioned by SUNAFIL in the framework of an inspection procedure, or the filing of lawsuits in court.
We hope you find this information useful. Should you require legal advice on this issue for your company, please do not hesitate to contact us.
Click here to access the Spanish version.
* * * * *
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office", means an office of any such law firm.
Before you send e-mail to Estudio Echecopar, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyer in the matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.
@2023 Estudio Echecopar
All rights reserved.
No part of this publication may be reproduced in any form or by any means without the written permission of Estudio Echecopar.