ILO Convention 190 against Violence and Harassment at Work is Now in Force

In Argentina, the Convention was ratified by Law No. 27,580 published in the Official Gazette on December 15, 2020. The ratification process ended with the deposit of the convention with the Director-General of the International Labor Office on February 22, 2021, which means that the Convention will come into force in Argentina on February 23, 2022.

Convention 190 recognizes the right of everyone to a work environment free from violence and harassment, including gender-based violence and harassment. It also determines that such behavior can constitute a violation or abuse of human rights.

In addition, the agreement contains broad definitions of “violence and harassment” and also of “gender-based violence and harassment,” and protects people who work in both the public and private sectors, regardless of their contractual situation, which includes:

• persons in training, including interns and apprentices;
• workers whose employment has been terminated;
• volunteers, jobseekers and job applicants.
   

Convention 190 also identifies the places where violence can occur, with a broad perspective. Thus, it establishes that such behaviors can take place “in the world of work occurring in the course of, linked with or arising out of work,” and includes, among the various scenarios, travel, training, events or social activities, through work-related communications and when commuting to and from work.

Therefore, it is of vital importance to take all necessary precautions and review all internal processes of compliance and training to be in compliance with the law, not only with regards to local regulations but also the broader protection resulting from Convention 190.