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Argentina ratified ILO Convention 190 against Workplace Violence and Harassment

By:

Diego S. Kelly - Partner - Labor & Employment

Mercedes Paola Forchiassin - Associate - Labor & Employment

María Verónica De Jorge Ameijeiras - Associate - Labor & Employment

Submitted by Firm:
Marval, O'Farrell & Mairal
Firm Contacts:
Enrique M. Stile
Article Type:
Legal Update
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Under Law No. 27,580 published in the Official Gazette on December 15, 2020, the Argentine Congress ratified ILO Convention 190 on the Elimination of Violence and Harassment in the World of Work (“Convention 190”), which had been signed in 2019.

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 human rights violation or abuse.

In addition, the convention 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 from 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 its 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 respect to local regulations but also to the broader protection resulting from Convention 190.

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