Violence and Harassment Convention, 2019 (No. 190) - Peru (Ratification: 2022)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s first report.

The Committee notes the observations of the National Confederation of Private Business Institutions (CONFIEP), received on 29 August 2024. It also notes the observations of the General Confederation of Workers of Peru (CGTP), the Single Confederation of Workers of Peru (CUT) and the Autonomous Workers’ Confederation of Peru (CATP), received on 31 August 2024, and the observations of the CATP received on 1 September. The Committee also notes the Government’s reply to these observations, received on 13 December 2024.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes the information provided by the Government in its report that the Penal Code defines the crimes of harassment and sexual harassment (sections 151-A and 176-B, respectively). The Government also reports that: (1) Act No. 27942 on the prevention and punishment of sexual harassment, of 2003, as amended by Legislative Decree No. 1410 of 2018, defines sexual harassment as “a form of violence that consists of conduct of a sexual or sexist nature or connotation that is not wanted by the person against whom it is directed, which can create an intimidatory, hostile or humiliating environment, or may affect their work, teaching, training or any other type of activity or situation” (section 4); and (2) Act No. 30364 of 2015 to prevent, punish and eradicate violence against women and members of the family group defines violence against women, including physical, psychological, sexual and economic or patrimonial violence, and recognizes that it includes sexual harassment at the workplace (sections 5 and 6), and its Regulations (Presidential Decree No. 009-2016-MIMP) recognize various forms of violence against women, such as those using digital technologies and those committed against indigenous or original, Afro-Peruvian and migrant women, or women with HIV, disabilities or on the basis of their sexual orientation.

The Committee notes that, in addition to the information provided by the Government: (1) the Penal Code covers various types of conduct which may constitute violence or harassment, such as serious injury (section 121), coercion (section 151) and sexual blackmail through the use of materials produced or modified using digital or technological media (section 176-C). It also defines the crime of discrimination and incitement to discrimination and includes sex, sexual orientation and gender identity as prohibited grounds (section 323); (2) the Act on labour productivity and competitiveness of 1997 prohibits “hostile acts”, such as seriously bad language, acts prejudicial to morale and all acts that undermine the worker’s dignity (section 30) and prohibits acts of violence, serious indiscipline, slander and the use of bad language in verbal or written form against the employer (section 25); and (3) Act No. 30057 of 2013 on the civil service prohibits acts of sexual harassment, as well as violence, serious indiscipline or serious bad language to the person’s superior, higher level personnel or work colleagues (section 85). The Committee also notes the observations of the CONFIEP, CGTP, CUT and CATP, emphasizing the lack of regulations addressing forms of violence and harassment other than sexual harassment, such as situations of harassment at work or “mobbing”. The Committee requests the Government to provide information on the application in practice of sections 25 and 30 of the Act on labour productivity and competitiveness, section 85 of Act No. 30057 (with an indication, for example, of the types of conduct or situations in which those sections have been applied in practice) and section 323 of the Penal Code.

Articles 2 and 3. Scope of application. The Committee notes the Government’s indication that: (1) the Penal Code and Act No. 30364 are general in their scope of application; and (2) Act No. 27942 addresses sexual harassment irrespective of where it occurs, and is applicable to formal and informal economic activities, urban and rural areas and public and private workplaces, education, police and military institutions, and covers workers, employers, managerial personnel and those in positions of confidence, titular employees, associates, directors, shareholders and partners of enterprises or institutions, public officials and servants, irrespective of the applicable labour rules, and other persons who intervene in relations of authority that are not regulated by labour law (volunteers, service providers, certain apprentices and participants in vocational training programmes) (section 2). The Government indicates that there is discussion on whether the Act is applicable to persons who are seeking or applying for a job. The Committee further notes the emphasis placed by the CATP on the need for more detailed regulation on the persons and sectors covered by Act No. 27942 and the places where workers have to be protected against violence and harassment, over and above the usual workplace. The Committee requests the Government to:(i) clarify whether Act No. 27942 is applicable to sexual harassment against persons who are seeking or applying for a job and, where possible, provide examples of cases in which complaints have been made in this regard or, where appropriate, whether its application could be extended to persons seeking or applying for jobs; and (ii) provide information, if it is available, on the manner in which the relevant legislation has been applied in practice in cases of violence and harassment in the world of work which have occurred in the contexts envisaged by Article 3 of the Convention.

Article 4. An inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government on the inclusion of the guiding principle of equality and non-discrimination on grounds related to gender and the gender-responsive, intercultural, human rights, intersectional, intergenerational and disability-based approach adopted in Act No. 27942 and its Regulations. The Committee requests the Government to provide information on the measures adopted to take into account violence and harassment in the world of work involving third parties.

Article 5. Fundamental principles and rights at work. The Government reports that, with a view to preventing and eliminating violence and harassment in the world of work, Peru is promoting the publication of the Sectoral Plan for the Promotion of Freedom of Association. The Committee also notes the indications in the observations of the CGTP, CUT and CATP that the Sectoral Plan does not include specific measures so that unions can play an effective role in the prevention of violence at work. The Committee requests the Government to provide information on progress in the formulation and implementation of the Sectoral Plan and trusts that it will be the subject of consultation with the representative organizations of workers and employers of Peru.

Article 6. Equality and non-discrimination. The Committee notes the information provided by the Government on recent legislative developments in relation to equality and non-discrimination in employment and occupation. It also notes the observations of the CONFIEP, according to which records of complaints could be updated so that employers, where they have the information and the consent of workers, can report additional information as a basis for assessing the incidence of cases of sexual harassment among certain groups, such as personnel belonging to the LGBTIQ+ community and non-national workers. The Committee requests the Government to provide information on the measures adopted, including those made in consultation with the representative organizations of employers and workers, to explore the possibility of collecting information on the prevalence of violence and harassment against persons belonging to vulnerable groups.

Article 8(a) and (c). Informal economy workers. The Committee notes the information provided by the Government, according to which: (1) persons who work in the informal economy have access to the guidance and assistance provided by the Trabaja Sin Acoso (“Work without Harassment”) service and other inter-ministerial comprehensive support mechanisms for victims of workplace sexual harassment; (2) the National Labour Inspection Supervisory Authority (SUNAFIL) is authorized to carry out inspections in informal workplaces with a view to verifying compliance with social and labour regulations, including Act No. 27942; and (3) prevention and awareness-raising activities on workplace sexual harassment are being carried out, including information on the path to action in such cases. The Committee notes that Act No. 30314 of 2015 to prevent and penalize sexual harassment in public places requires, among other measures, the adoption of preventive and reactive measures to combat acts of sexual harassment in public places in the operational plans of regional, provincial and local governments and the training of personnel, and particularly members of the security forces (section 7). The Committee notes the emphasis placed by the CGTP, CUT and CATP on the importance of the participation of trade unions in initiatives focusing on the informal economy. The Committee requests the Government to provide information on: (i) the cases identified by the SUNAFIL and the number of informal economy workers who have benefited from the guidance and assistance services referred to above; (ii) the measures adopted under section 7 of Act No. 30314 to prevent and address cases of sexual harassment in public places against such persons; and (iii) any other measures adopted, including in consultation with employers’ and workers’ organizations, to prevent any form of violence and harassment against informal economy workers.

Article 8(b) and (c). Sectors or occupations and work arrangements with greater exposure to violence and harassment. The Government indicates that, according to the Registration Platform for Cases of Workplace Sexual Harassment, between 2019 and 2024, the sectors with the highest numbers of registered cases were commerce ad vehicle repairs, the manufacturing industry, administrative and support service activities, and agriculture, stock-raising, forestry and fishing. The Committee requests the Government to provide information on the measures adopted to combat violence and harassment in the sectors identified by the Registration Platform for Cases of Workplace Sexual Harassment.

Article 9. Employers’ responsibilities. The Committee notes the requirement for employers to maintain conditions of respect between workers in the workplace (section 7 of Act No. 27942) and to ensure the establishment of measures and conditions that protect the life, health and well-being of workers and of persons who, without having an employment relationship, provide services or are in the workplace (first title on the principle of prevention and sections 48 and 49 of Act No. 29783 of 2011 on occupational safety and health). The Committee also notes the observations of the CONFIEP referring to a lack of clarity in the delimitation of obligations in relation to sexual harassment involving subcontracted or intermediary personnel, and the Government’s reply, which refers to the commitment to prepare a proposal to amend the Regulations of Act No. 27942. The Committee requests the Government to provide information on the progress made in the amendment of the Regulations of Act No. 27942 and trusts that it will be the subject of consultations with representative employers’ and workers’ organizations.

Article 9(a). Workplace policy. The Committee notes that establishments with 20 or more workers are required to have internal policies set out in directives, internal rules or other documents to prevent and punish sexual harassment, and specifying the means for submitting complaints and investigations (section 24 of the Regulations of Act No. 27942). The Committee requests the Government to provide information on the measures adopted or envisaged to require establishments with at least 20 workers to have a workplace policy on violence and harassment. It also requests the Government to indicate whether it has considered extending the application of the measures envisaged for cases of sexual harassment to cover other forms of harassment and violence in the world of work.

Article 9(b) and (c). Occupational safety and health management, including in relation to the hazards and risks of violence and harassment. The Government indicates that the Regulations of Act No. 27942 provide that sexual harassment is a psychosocial hazard which threatens the dignity and safety of persons (section 7) and that establishments are under the obligation to carry out annual assessments and diagnoses to identify potential situations of sexual harassment or the risk of them occurring within their areas of responsibility (section 10). The Committee also notes that Act No. 29783 and its Regulations establish the obligations of employers respecting occupational safety and health management and the prevention of occupational risks, including exposure to psychosocial agents at the workplace. The Committee also notes the observations of: (1) the CATP, according to which the requirement to prevent risks set out in Act No. 29793 does not include commuting between the workers’ home and the workplace and vice versa, unless this is envisaged in a sectoral standard in light of the nature of the activity, either as a condition of the work or the travel is undertaken in a means of transport provided by the employer directly or through third parties (section 93 of the Regulations of Act No. 29793); (2) the CGTP, CUT and CATP, emphasizing the need to reinforce prevention measures under the responsibility of delegates and intervention committees, as they are only active prior to complaints being made. The Committee requests the Government to indicate whether there are other provisions in national laws and regulations, over and above those respecting sexual harassment, which explicitly require employers to: (i) take into account violence and harassment and associated psychosocial risks in the management of occupational safety and health, and particularly in action on prevention; and (ii) identify hazards and assess the risks of violence and harassment, with the participation of workers and their representatives, and take measures to prevent and control them. The Committee also requests the Government to provide information on cases in which, in accordance with section 93 of the Regulations of Act No. 29793, there exist sectoral provisions covering commuting between the worker’s home and the workplace, or in which such travel is considered to be a condition of work.

Article 9(d). Information and training. The Government refers to the requirement for institutions to disseminate information and provide training on sexual harassment, including at the commencement of the employment relationship and specialized annual training for certain members of the personnel (section 7 of Act No. 27942 and sections 11 and 12 of its Regulations). The Committee also notes the requirement for employers to provide timely and adequate training for workers on the prevention of occupational hazards (section 50 of Act No. 29783). The Committee requests the Government to provide information on the application of Acts Nos 27942 and 29793 with reference to training and information dissemination on violence and harassment in the world of work, and on the measures adopted for its provision in accessible formats as appropriate.

Article 10(a) and (h). Monitoring and control. The Government refers to: (1) the duty of every employer or institution to inform the Ministry of Labour and Employment Promotion (MTPE) or the National Civil Service Authority (SERVIR) of any complaint or investigation of sexual harassment. Failure to comply with this requirement can give rise to administrative penalties in accordance with the Regulations of the General Act on labour inspection (Presidential Decree No. 019-2006-TR) (section 23.10); (2) the SUNAFIL Inspection Protocol for Sexual Harassment, which is compulsory at the national level, and the guidance and technical assistance activities that it has carried out to promote compliance with the provisions that are in force; (3) the 155 inspections carried out by the SUNAFIL between 2020 and 2024 under the provisions on sexual harassment at work; (4) Act No. 29783, under which SUNAFIL is empowered to require the establishment inspected to adopt specific modifications within a certain time to ensure compliance with occupational safety and health provisions, and to order the immediate suspension or prohibition of work or activities on grounds of failure to comply with provisions for the prevention of occupational risks, or the presence of a serious or imminent risk to the safety and health of workers, with the support of the forces of order (sections 96, 101 and 102 of Act No. 29783); (5) the supervision by SERVIR of the application by human resources departments of investigation and punishment procedures when a case of sexual harassment is reported, and the 14 controls undertaken in 2024 in relation to complaints of sexual harassment; and (6) the increase between 2019 and 2023 in the number of cases recorded by the MTPE Register of Cases of Sexual Harassment at Work from 81 to 1,464, with 91.4 per cent of them concerning women. The Committee requests the Government to continue providing information on: (i) the number of inspections carried out and cases identified of violence and harassment in the world of work; and (ii) the number of interventions by SERVIR and of cases of non-compliance identified.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Government provides information on the measures on sexual harassment envisaged in Act No. 27942 and its Regulations, and particularly on: (1) a general internal procedure of investigation and sanctions, under the responsibility of the human resources department or an “Intervention Committee” in establishments with 20 or more workers, and with certain specificities for subcontracted work, the education and university sector, and the institutions of the armed forces and national police; (2) the application of the disciplinary administrative procedure in the public sector; (3) the possibility of submitting a claim to the Labour Inspection Authority; (4) the requirement for establishments to ensure the adoption of adequate measures for the protection of victims’ rights; (5) the prohibition of the re-victimization of victims during evidence-gathering and the adoption of protection measures for the victim and witnesses against reprisals; (6) the possibility of having recourse to labour, criminal, civil or administrative dispute procedures, as appropriate; and (7) access to guidance, assistance and medical care services. The Committee also notes that: (1) the Trabaja Sin Acoso (“Work without Harassment”) service and the 1819 telephone line provide guidance and legal assistance in cases of sexual harassment at work; and (2) Act No. 29742 and its procedures are governed by the principle of equality and non-discrimination on grounds of gender and the particular vulnerability of the victim is taken into account during the procedure.

On the other hand, the Committee notes: (1) the Government’s indication that only 10 per cent of persons who are victims of sexual harassment make complaints and 62 per cent of the cases reported result in the application of a penalty; (2) the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, in which it notes with concern the persistent barriers to women’s access to justice, including judicial bias (CEDAW/C/PER/CO/9, of 1 March 2022, para. 13); and (3) the final provisions of Act No. 29742, under the terms of which, in the event of a complaint or claim of sexual harassment being found to be “unjustified”, the accused has the “expedited right” to launch judicial action for compensation, and the employer of the person who made the complaint or claim may dismiss or justifiably terminate their employment contract. The Committee also notes the suggestion by the CONFIEP to extend the competence of Intervention Delegates and Committees to investigate cases of harassment at work. With regard to the existence of safe reporting and dispute resolution mechanisms and procedures, the Committee requests the Government to provide information on: (i) the procedure for access to complaint mechanisms, including information and awareness-raising measures on the available procedures and training for the competent authorities; and (ii) any available information on the application of the provisions of Act No. 29742 respecting “unjustified” complaints or claims, and particularly the assessment criteria applied to reach such a conclusion.

Easy access to appropriate and effective remedies and compensation. The Government indicates that victims of sexual harassment at work can request the cessation of hostility of a sexual or sexist nature, the termination of the employment contract with compensation for arbitrary dismissal, or compensation for the damage and prejudice suffered (sections 7 and 8 of Act No. 27942 and section 26 of its Regulations). The Committee also notes that such compensation can also be claimed from an employer or authority which should have launched an investigation procedure, but failed to do so (section 15 of Act No. 27942). The Committee also notes that: (1) the 1997 Act on labour productivity and competitiveness grants workers who are victims of acts of violence or serious bad language the right to take action for the cessation of hostility or the termination of the contract with compensation for the prejudice suffered (sections 35 and 38); and (2) the Civil Service Act provides that termination that is found by the Civil Service Tribunal or the courts to be unfounded or unjustified entitles the public official to apply for the payment of compensation or reinstatement (section 36). The Committee requests the Government to provide information on: (i) examples of the compensation awarded to victims in relation to cases of violence and harassment in the world of work under these provisions (for example, by court decisions); and (ii) the existence of complaint and compensation procedures for forms of violence and harassment in the world of work other than sexual harassment.

Article 10(c). Protection of privacy and confidentiality. The Committee notes that the Government refers to Act No. 27942 and its Regulations, which provide for the confidential nature of investigations and the principle of confidentiality, outside the exceptions provided for by the provisions in force, and the confidentiality of the identity of the presumed victim and complainant in relation to third parties not involved in the procedure, and the possibility of the confidentiality of the identity of witnesses. The Committee requests the Government to indicate whether: (i) the principles of reservation and confidentiality also apply to the identity of the presumed perpetrator of sexual harassment; and (ii) it is planned to extend the same requirements and procedures to cases of violence and harassment other than sexual harassment.

Article 10(d). Penalties. The Committee notes the information provided by the Government and observes that: (1) the Penal Code penalizes harassment and sexual harassment, along with other offences; (2) the Act on labour productivity and competitiveness penalizes as a serious fault acts of violence, serious indiscipline, slander and verbal or written verbal abuse against the employer (section 25); and (3) Act No. 30057 and the Act on the basic principles of administrative careers and public sector remuneration penalize sexual harassment as disciplinary faults (sections 85 and 28, respectively). The Committee requests the Government to provide specific examples of the penalties imposed in cases of violence and harassment in the world of work under these provisions in both the public and private sectors.

Article 10(f). Domestic violence. The Government indicates that Act No. 30364 (section 22) and its Regulations (section 37) prohibit, for women victims of violence, the access of the aggressor to their workplace, study or any other place frequented by them. The Committee notes that the CAPT refers to the recognition of the right to various protection measures granted by Act No. 30364 (section 11) and its Regulations (sections 83 to 85) to men and women workers who are victims of violence, such as the prohibition of dismissal, the possibility to request a change of workplace or hours of work, justification for absence or lateness, and the suspension of the employment relationship for a period of up to five months by court order. The Committee requests the Government to provide information on the application of the provisions referred to above, and in particular on any measures adopted to mitigate the impact of domestic violence in the world of work (for example, by taking domestic violence into account in risk assessments).

Article 10(g). Right of workers to remove themselves from a work situation and duty to inform the management. The Committee notes that Act No. 29783 (section 63) provides that in the case of imminent danger that constitutes a significant or intolerable risk to the safety and health of workers, they may interrupt their work and even, where necessary, immediately leave the home or place where they are engaged in work. The Committee requests the Government to clarify which cases are considered to be “a significant or intolerable risk” to the safety and health of workers.

Article 11(a). Addressing violence and harassment in relevant policies. The Government refers to: (1) the document “Gender-based violence, conceptual framework for public policies and State action” (Ministerial Decision No. 151-2016-MIMP); (2) various national policies which include measures against sexual harassment at work, including the National Decent Work Policy of 2021, the National Gender Equality Policy (PNIG) 2019–30, the National Development and Social Inclusion Policy of 2022 and the National Policy for Afro-Peruvian People of 2022. The Committee also notes the emphasis placed by the CGTP, CUT and CATP on the 2023 Early Agenda of the MTPE (Ministerial Decision No. 062-2023-TR), in which reference is made to the implementation of Convention No. 190. The Committee requests the Government to provide information on the measures adopted within the framework of these policies to prevent and eradicate violence and harassment in the world of work.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee notes that, according to the Government’s indications: (1) in 2023 and 2024, SERVIR carried out multiple training activities in the public sector on sexual harassment, reaching out to 6,352 participants, annual dissemination campaigns and the publication of free access graphic materials; and (2) SUNAFIL organized 59 awareness-raising events with over 9,800 participants and 1,870 guidance and technical assistance activities, reaching 2,640 employers and 51,166 workers, with a view to strengthening compliance with the legislation that is in force. The Committee also notes the “Practical guide for the prevention and punishment of sexual harassment at the workplace in the public and private sectors” (Ministerial Decision No. 223-2019-TR), which has the objective of guiding employers, workers and citizens in general on the identification of sexual harassment at work, complaint and investigation procedures and the applicable legal provisions. The Committee also notes the observations of CONFIEP in which it recommends that the annual training provided for the committees responsible for dealing with complaints of sexual harassment should include a specific section on the identification of acts of harassment at work. The Committee takes due note of these initiatives and requests the Government to continue providing information on the guidance, training tools and awareness-raising campaigns undertaken, in consultation with the representative organizations of employers and workers, on violence and harassment in the world of work, which are intended for employers, workers and the competent authorities.