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Dr hab. Monika Tomaszewska
ORCID: 0000-0001-5271-9998

Associate professor and Head of the Department of Labour Law at the Faculty of Law and Administration of the University of Gdansk. Author of several dozen publications in the field of maritime labour law and European law as well as system-wide studies. Co-author of numerous comments to the Labour Code, as well as clerical and collective labour law which are addressed primarily to practitioners and specialists in the field of employee matters. An expert in numerous European programs related to the migration of people, freedom to provide services, posting of workers and subcontracting chains. Research manager of Erasmus Plus Innoventio research project devoted to the situation of posted workers in high mobility sectors. Research manager of another prestigious program implemented under Horizon 2020-SC6-GOVERNANCE-2019 Enhancing social rights and EU citizenship – Working Yet Poor – focusing on the reasons for poverty and social exclusion, the causes of which do not lie in the unemployment.

 
DOI: 10.33226/0032-6186.2023.4.2
JEL: K31

The article aims to present the reasons for the proclamation of the International Labour Organization Convention No. 190 and portraits an entirely new approach to the definition of violence and harassment in the work environment. Due to the subject matter of the article, all source materials based on which specific theses and conclusions are formulated are based on reports and analyses carried out within the International Labour Organization, although – of course – these are not the only studies on this issue. It is primarily about the approximation of the factors that influenced the specific solutions adopted in the described Convention because the source materials later shape the way of interpreting and applying the provisions of the Convention. In the conventions of the International Labour Organization adopted so far, violence and harassment were regulated by two categories of rights, i.e. the right to decent working conditions, the right to equal and non-discriminatory treatment, and the right to safe and hygienic working conditions. The above dichotomy of the legal classification of harassment and harassment resulted in the activation of a set of different rights and protection measures based on different legal grounds. The article illustrates a totally different approach to these phenomena, which are dangerous for right-wing conditions, such as violence and harassment. Arguments are delivered for the thesis of adopting an autonomous and uniform definition in the ILO Convention No. 190, which allows both categories of violations, i.e. violence and harassment, not to be treated as elements of other rights, such as the prohibition of discrimination or the category of occupational risk.

The conclusions also include the benefits that may result from the adoption of the definition proposed in the ILO Convention No. 190, for example for the use of the institution of mobbing regulated in the Labour Code. The applicable regulations assume the need to distinguish between harassment, considered a category of discrimination, and mobbing, considered a form of psychological and physical violence, which differs in terms of criteria only in terms of duration.

Keywords: violence; harassment; International Labour Organization; Convention 190