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21/10/2019

CGT RA ASKED THE GOVERNMENT THE RATIFICATION OF ILO CONVENTION 190 ON VIOLENCE AND WORKPLACE HARASSMENT

ILO CONVENTION 190

THE CGT ASKED THE ARGENTINE GOVERNMENT TO INITIATE THE RATIFICATION PROCEDURES OF CONVENTION 190 WHICH WAS RECENTLY ADOPTED BY THE ILO AT ITS CENTENARY CELEBRATION.

It is noteworthy that the Argentine justice condemned a case of workplace harassment by applying the Convention 190 of ILO, even without the ratification but recognizing the importance of the international standard. 
The Courtroom I of the National Chamber of Labour Appeals took into account the Convention 190 of ILO to rule on a case of a worker who after being fired, called for the recognition of workplace harassment which he had suffered from. 
The decision of the Courtroom I of the National Chamber of Labour Appeals sets a significant legal precedent and establishes an important political background in regard to the ratification of Convention 190 in Argentina. 
The employee, who had worked in a company of the textile sector, was fired in 2013 without receiving any compensation on the part of the employer. In view of such infringement, the employee sued the company to claim compensation, including among the damages, the non-material damage caused by workplace harassment situations.
As it is stated on the record, the victim had suffered from verbal abuse, bullying and harassment by other employees and in the presence of his employer due to his sexual orientation.
In first instance, the Court decided in favour of the worker and ordered the employer to pay the compensation in regard to the termination of the employment relationship. 
However, the same Court rejected the complaint of workplace harassment. For this reason, the victim appealed and, in second instance, he made possible that justice could recognize situations of harassment and order the inclusion of the caption ‘non-material damage’ on the compensation. 

The Courtroom I of the National Chamber of Labour Appeals invoked in its decision the Convention 190 on violence and workplace harassment of ILO and the Recommendation 206, complementary of said Convention. 

Although the Convention 190 has not been ratified in Argentina yet, the Court supported its decision citing as precedent the case ‘Álvarez, Maximiliano against CENCOSUD S.A’. On that occasion, the National Supreme Court considered that even if the countries have not yet ratified the conventions, such conventions have the commitment that results from its mere belonging to ILO, to respect, promote and achieve the principles related to fundamental rights. 

It is worth pointing out that Convention 190 and Recommendation 206 were sanctioned on 19 June , 2019 within the framework of the 108° International Conference of Labour after a discussion process within ILO which took 2 years of fervent discussions. 

SEE DOCUMENT - ILO CONVENTION 190

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