An initial approach to the new concepts of violence and harassment at work introduced by the ILO Convention 190

Abstract

The ILO Convention 190 on the elimination of violence and harassment at work adopted in 2019 has introduced a new, wide and general concept of violence and harassment. Therefore, it becomes necessary to re-examine the actual legal concepts that exist and their judicial and doctrinal interpretation. Since moral harassment is not defined in the Spanish legal system, a special attention has to be paid to this type of harassment. The new international norm requires as well the revision of the concept of gender-based harassment, established as a subcategory of violence and harassment based on discriminatory reasons. Also, the concepts of worker and workplace, as references of the scope of application of the norm in respect to its legal prevention and protection, should be re-examined in the light of the new international legislation.