On 21 June 2019, the International Labour Organization adopted Convention 190 concerning the elimination of violence and harassment in the world of work (the ‘Convention’) and associated recommendation 206 (the ‘Recommendation’).
In its preamble, the Convention points out that:
‘violence and harassment in the world of work can constitute a human rights violation or abuse and […] is a threat to equal opportunities, is unacceptable and incompatible with decent work.’
The Convention also reminds countries that they are responsible for promoting a ‘general environment of zero tolerance.’
Violence and harassment are defined by the Convention as:
‘a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.’
The Convention protects workers and other people in the world of work. The following categories of individuals are therefore protected:
The Convention applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work:
Protection and prevention
Each member state must adopt legislation requiring employers to take appropriate steps to prevent violence and harassment. This may include:
Policy for preventing and eliminating violence and harassment in the world of work
Each member state must adopt (in consultation with representative employers’ and workers’ organisations) an ‘inclusive approach’ designed to prevent and eliminate violence and harassment in the world of work.
According to the Convention, this approach should take into account violence and harassment involving third parties, and includes in particular:
Entry into force
The Convention is an international, legally binding instrument and will come into force 12 months after it is ratified by two member states. However, the Recommendation, which provides indications about how the Convention should be applied, is not legally binding.
What’s the situation in Luxembourg?
In Luxembourg, there are two bodies of texts dealing with harassment in the workplace: