On March 8, coinciding with the commemoration of International Women's Day, the Senate passed the bill approving Convention 190 of the International Labor Organization.

This Convention, entitled "Convention on Violence and Harassment", provides for a series of definitions and obligations to be assumed by states and also by employers and workers in relation to harassment and violence.

To this end, the Convention defines the term "violence and harassment" in the world of work as "a set of unacceptable behaviors and practices, or threats of such behaviors and practices, whether manifested once or repeatedly, that are intended to cause or are likely to cause physical, psychological, sexual or economic harm, and includes gender-based violence and harassment", and also the concept of "gender-based violence and harassment" as "violence and harassment that are directed against persons because of their sex or gender, or that disproportionately affect persons of a particular sex or gender, and includes sexual harassment", without prejudice to the definitions given in the domestic legislation of each country, such as, in the Chilean case, those contained in Article 2 of the Labor Code referring to sexual harassment and harassment in the workplace.

Relevant aspects

Among the most important aspects of this Convention, in relation to the obligations applicable to employers, are the following:

1. Conduct constituting violence and harassment in the world of work occurs during work, in connection with work, or as a result of work:

a) in the workplace, including in public and private spaces when they are a workplace;

b) in places where the worker is paid, where he/she takes his/her rest or where he/she eats, or where he/she uses sanitary or toilet facilities and changing rooms;

c) in work-related travel, trips, events or social or training activities;

d) in the context of work-related communications, including those made by means of information and communication technologies;

e) in accommodation provided by the employer, and

f) in commuting between home and place of work.

2. States should adapt their legislation to require employers to take appropriate measures commensurate with their degree of control to prevent violence and harassment in the world of work that permit:

a) adopt and implement, in consultation with workers and their representatives, a workplace policy on violence and harassment;

b) take into account violence and harassment, as well as the associated psychosocial risks, in the management of occupational safety and health;

(c) identify the hazards and assess the risks of violence and harassment, with the participation of the workers and their representatives, and take measures to prevent and control such hazards and risks; and

(d) provide workers and other persons concerned, in an accessible form, as appropriate, with information and training on identified hazards and risks of violence and harassment, and on related prevention and protection measures, including on the rights and responsibilities of workers and other persons concerned in relation to the application of the Convention.

Although the above paragraphs refer to obligations that must be embodied in national legislation, the Convention illustrates the international standard on violence and harassment in the workplace, so we recommend incorporating them in the internal policies of each Company, both in the Internal Regulations on Order, Hygiene and Safety, as well as in Codes of Conduct, Compliance Policies and others.

3. Finally, the Convention establishes that member states shall adopt measures to:

a) protect the privacy of the individuals involved, as well as confidentiality, to the extent possible and as appropriate, and ensure that these requirements are not misused;

b) provide for sanctions, where appropriate, for cases of violence and harassment in the world of work;

c) ensure that every worker has the right to leave a work situation without suffering retaliation or other undue consequences if he/she has reasonable grounds to believe that it presents a serious and imminent danger to his/her life, health or safety as a result of acts of violence and harassment, as well as the duty to report this situation to management.

This list of measures clarifies how the employer is expected to comply with the duty of protection set forth in the Labor Code when it comes to knowing about, investigating and sanctioning conduct that may be qualified as - following the Chilean nomenclature - constituting harassment at work or sexual harassment in the workplace.

This legal alert was prepared by the Bofill Mir Abogados labor team for informational purposes and should not be considered legal advice.