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Gendered violence and harassment in the world of work

International Labour Organisation (ILO) convention 190 (C190) provides a framework for the legal, cultural and industrial changes necessary to eliminate and prevent violence, in all its forms, from the world of work. It establishes the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment.

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Why is C190 so important?

  • It has broad coverage, covering all forms of work across both the formal (with specific hours and fixed wages) and informal economy (without specific hours and fixed wages).
  • It protects all workers regardless of their employment status.
  • Its scope is the ‘world of work’, which encompasses more than just the physical workplace.
  • It provides a clear and comprehensive approach to preventing and addressing gendered violence and harassment worldwide.

What is work-related gendered 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.

This includes violence and harassment targeted directly at someone specifically because, for example:

  • they are a woman
  • they identify as LGBTIQA+
  • they don’t follow socially prescribed gender roles, sexual orientation, and/ or stereotypes

“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.

Work-related gendered violence can also be experienced indirectly. A person may experience gendered violence that is not targeted specifically at them (such as overhearing a conversation that affects them) or witness violence directed at someone else.

Gendered violence can also be experienced digitally or online. For instance, workers in customer or client facing roles receiving abusive or threatening messages.

Why is gendered violence a health and safety issue?

A safe workplace is an employers’ responsibility.

Your employer has an obligation under the Health and Safety at Work Act, to provide and maintain a work environment that is safe and without risk to the health of workers and others. Gendered violence is a common and well-known cause of physical and mental injury.

Your workplace must be safe, and it’s your employer’s responsibility to take steps to eliminate risks, including those related to gendered violence.   

Risk factors for work-related gendered violence 

  • Uneven power dynamics
    When power is distributed unequally among gendered lines (like men being in positions of power and women in more vulnerable positions)
  • Inappropriate workplace cultures
    When cultures of sexism, homophobia and other harmful behaviour are encouraged or continue without consequence. When there is violent and aggressive behaviour that is supported, accepted or rewarded
  • Insecure forms of work
    Being in casual, insecure, or low-paid work as it can make workers feel more vulnerable and less able to speak up for fear of losing their job or income

The risk can also increase based on the type of work being done (e.g. customer or client facing roles), work systems (e.g. working alone) or physical environments (e.g. where alcohol is served or remote/isolated work).

Some workers are also targeted and are more at risk of having gender-based violence perpetrated against them. For example: LGBTIQA+ workers, young workers, workers with a disability, workers in insecure work, migrant workers. 

Why does c190 refer to the “world of work”

“The world of work” broadens the definition of work beyond the physical workplace. This recognises that gendered violence occurs in a broader context than the workplace. This means that Convention covers a wide range of situations where individuals might experience harassment or violence “in the course of, linked with, or arising out of work”.

What can we do to help eliminate and prevent gendered violence in the world of work?

Utilise good health and safety practices

  • Check that your workplace risk assessment included risks from gendered violence, and that the Person Conducting a Business or Undertaking (PCBU) engaged with workers, delegates and HSRs about controlling or eliminating those risks. 
  • Identify characteristics that increase the risk of gender-based violence occurring. 
  • Make sure that you, and your colleagues, know how to report an incident of gendered violence at your workplace. 
  • Elect health and safety representatives (HSRs) if you don’t already have them.
    HSRs represent workers on matters of health and safety including gendered violence.
  • Agree a workplace policy on gendered violence and harassment.
  • Additional training might help workers and management identify or respond to gender-based violence more effectively. Health and safety training must be provided by the PCBU.
  • Put gendered violence onto the agenda of your health and safety committee.
  • Contact your union or WorkSafe if you have a concern about unsafe work.  
  • Know your right to stop unsafe work.

Collective bargaining

Collective bargaining is one of the most effective tools unions can use to address violence and harassment in the world of work.

Recommendation 206 (which accompanies C190) calls for the effective recognition of the right to collective bargaining at all levels as a means of preventing and addressing violence and harassment and, to the extent possible, mitigate the impact of domestic violence in the world of work.

Collective provisions can support victims of gendered violence, such as through paid leave and access to support services, ensuring accountability, monitoring and evaluation of workplace policies, and include mechanisms for reporting and dealing with instances of gendered violence.

Workplace policies

If you’re helping to create a workplace policy on violence and harassment, here are a few key things to include

  • A statement that violence and harassment will not be tolerated.
  • A comprehensive definition of violence and harassment – that covers all working people, with special focus on vulnerable groups and precarious workers.
  • A wide understanding of the world of work, making sure that it is not limited to just the physical workplace.
  • Include gender-based violence and harassment as well as sexual harassment and domestic violence.
  • Measures to eliminate, manage and prevent violence and harassment such as:
    • Complaints and investigation procedures.
    • That all incidents of violence and harassment will be considered and acted on.
    • Protection of the privacy of those involved and provide confidentiality for whistle-blowers and witnesses, as well as protecting them against victimisation and retaliation.
    • Processes for resolution, and enforcement of sanctions, remedies and support.

Remember that all policies must be inclusive, integrated and include a gender perspective.

Where to get help

List of support services – https://tepunaaonui.govt.nz/contact/ 

Speak to your union rep, or health and safety representative.