Reaffirming the relevance of the fundamental treaties of the International Labor Organization (ILO) and recognizing that violence and harassment in the world of work can constitute a violation or abuse of human rights, are a threat to equal opportunities, and are unacceptable and incompatible with decent work, the Treaty 190 on harassment and violence at work (the Treaty) is adopted on June 21, 2019.

The Treaty defines violence and harassment at work as a set of behaviors, practices and threats, whether manifested once or repeatedly, that are intended to cause physical, psychological, sexual or economic harm.

The Treaty applies to violence and harassment at work, that is, to which occurs during the working day or as a result of it. In order to prevent and eliminate violence and harassment at work, the members of the Treaty shall, within each State, respect, promote and put into effect the fundamental principles and rights at work, namely, the freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labor, the effective abolition of child labor and the elimination of discrimination in employment and occupation, as well as promoting decent and safe work .

Due to the foregoing, every Member State of the Treaty shall adopt the legislation and policies that guarantee the right to equality and non-discrimination in employment and occupation, of male and female employees.

The provisions of the Treaty shall be applied through national legislation, as well as through collective agreements or other measures consistent with national practice, including those that extend or adapt occupational safety and health measures, to cover violence and harassment at work.

The Treaty will enter into force twelve months after its ratification and registration by each Member State. In our country, the Ministry of Labor and Social Welfare reported on March 7, 2022, that the Federal Executive Branch submitted a proposal to ratify the Treaty to the Senate of the Republic. Subsequently, in the session of March 15, the Plenary of the Chamber of Senators unanimously approved the Treaty, with 96 votes in favor.

Finally, it is worth mentioning that the Treaty goes hand in hand with the Protocol to eradicate workplace violence, which was issued as a consequence of the labor reform published in the Federal Official Gazette on May 1, 2019.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require.