Mexico City, July 19, 2023.
On July 6, 2023, Convention 190 on Violence and Harassment of the International Labor Organization (ILO, 2019) entered into full force and effects in Mexico. This international instrument was ratified by the Senate of our country on July 06, 2022, which initiated a period of one year to align national legislation to the standards set forth by the Convention.
ILO Convention 190 recognizes the right of every person to a job free of violence and harassment, especially those deriving from gender-based harassment, since they constitute a violation of human rights that threaten equal opportunities and are incompatible with the prerogative of decent work.
The signatories countries/parties to this Convention acquired the responsibility to promote an environment of zero tolerance towards violence and harassment, applicable to all actors in the public and private sectors of the world of work.
Among the obligations deriving from this instrument, the Mexican State has the following:
- Adopt legislation that defines and prohibits workplace violence and harassment.
- Have protective measures in place for victims of workplace violence and/or harassment.
- Require employers to take appropriate measures commensurate with their degree of control to prevent workplace violence and harassment, including training employees about the dangers and risks of workplace violence and harassment.
- Consider psychosocial risks associated with workplace violence and harassment considering occupational safety and health parameters.
- Follow up and monitor the implementation of national legislation on the subject.
- Ensure easy access to appropriate channels and redress for victims of workplace violence and harassment.
- Provide sanctions in cases of workplace violence and harassment.
- Ensure that every employee has the right to leave a work situation without retaliation or other undue consequences if he/she has reasonable grounds to believe that the situation presents a serious and imminent danger to his/her life, health or safety as a result of violence and harassment.
The importance of the entry into force of Convention 190 for work life, lies in the obligations it implies for both the State and employers, specifically regarding the eradication of gender violence and the prevention of cases of violence and harassment at work.
In addition, this Convention is now included in the list of legal instruments that continue to reinforce the principles pursued by the 2019 labor reform in Mexico, relative to the promotion of social justice, respect for human dignity, protection of the physical and psychological integrity of employees, and improvement of the work environment.
We will surely see some reforms regarding workplace violence and harassment in the coming months.
For the time being, Mexico has already instruments, such as the Official Mexican Standard NOM-035-STPS-2018, Psychosocial Risk Factors at Work-Identification, Analysis and Prevention and the General Law on Women’s Access to a Life Free of Violence, which provide us with a framework of action for the prevention and treatment of these cases, with the purpose of to guarantee safe working conditions and violence-free environments.
This newsletter was prepared with the support of Gabriela Guadarrama García.
The Partners and lawyers of the Labor and Employment group of Basham, Ringe y Correa are at your service to advise on this and any other issue related to the world of Labor Law.
Jorge De Presno