Clarification of scope and key terms based on ILO Convention 190 (C190)

1. What is meant by GBVH? 

Violence and harassment in the world of work refers to 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.  

Gender-based violence and harassment means violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately and includes sexual harassment (ILO C-190).   

With reference to sexual harassment, this can be further understood in line to the as: 

Quid pro quo – Any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of people, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or 

Hostile work environment – Conduct that creates an intimidating, hostile or humiliating working environment for the recipient.  

As part of the ratification of ILO C-190, States are obligated to “define and prohibit violence and harassment in the world of work” through national legislation whereby GBVH maybe further defined according to the cultural context.  

2. Who is covered by this definition? 

Workers and other persons in the world of work, including employees as defined by national law and practice, as well as persons working irrespective of their contractual status, persons in training, including interns and apprentices, workers whose employment has been terminated, volunteers, jobseekers and job applicants, and individuals exercising the authority, duties or responsibilities of an employer. 

3. In what context does this apply? 

 Violence and harassment occurring in the course of, linked with or arising out of work such as: 

• In the workplace, including public and private spaces where they are a place of work;
• In places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities;
• During work-related trips, travel, training, events or social activities;
• Through work-related communications, including those enabled by information and communication technologies;
• In employer-provided accommodation; and
• When commuting to and from work, in transport provided by the employer