Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la violencia y el acoso, 2019 (núm. 190) - Argentina (Ratificación : 2021)

The Committee notes the Government’s first report.

The Committee notes the observations of the Industrial Confederation of Argentina (UIA), the General Confederation of Labour of the Argentine Republic (CGT-RA) and the Confederation of Workers of Argentina (CTA-Autonomous), all received on 1 September 2023. The Committee requests the Government to communicate its comments in this regard.

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 Government’s indication in its report that workplace violence is a violation of article 14bis of the Constitution, which protects work in its various forms. The Government reports that: (1) Act No. 20744 of 1976 on employment contracts contains a series of provisions which contribute to preventing and punishing acts of violence and harassment, such as the provisions on the prohibition of discrimination, equal treatment and the principle of good faith; and (2) Decision No 5/2007 of the Ministry of Labour, Employment and Social Security (MTESS) defines “workplace violence” for the purposes of the establishment of the Advisory Office on Workplace Violence (OAVL), but does not prohibit it (section 2). The Committee also notes that the Government refers to the General Collective Labour Agreement (CCTG) for the National Public Administration, approved by Decree No. 214/2006, which: (1) in providing for the eradication of “violence and harassment” defines “workplace violence” as a single concept, as “any unacceptable behaviour or practice, omission, segregation or exclusion, exercised by a person or several persons, which affects or degrades working conditions, the dignity, rights, physical, mental, social and/or moral health of the person, which may compromise their future work” (section 124); and (2) prohibits unacceptable behaviours and practices that constitute violence and harassment (section 37). The Committee further observes that Act No. 11179 of 1921 issuing the Penal Code criminalizes certain behaviours that could cover forms of violence and harassment in the world of work, such as offences that cause injury, theft and offences against sexual integrity. The Committee notes that, in their respective observations, the UIA and CTA-Autonomous refer to the lack of a clear and uniform definition of what constitutes violence and harassment, and the CGT-RA indicates that, although definitions of “violence” exist in collective agreements, they mostly require the intent to cause injury and the repetition of the act causing injury. The Committee stresses, in accordance with Article 7 of the Convention, that legislation shall be adopted to define and prohibit violence and harassment in the world of work. In this regard, the Committee requests the Government to indicate: (i) the measures adopted to include a definition and explicit prohibition of violence and harassment in the world of work in the legislation applicable to the private sector in line with the Convention, beyond what is foreseen in the Criminal Code; and (ii) provide examples of the behaviours that have been addressed, in practice, through the definition of “work-related violence and harassment” in the CCTG (for instance, in administrative decisions), and clarify whether it covers threats and behaviours that result in or are likely to result in economic harm.

Definition and prohibition of gender-based violence and harassment in the world of work. The Government indicates that “Act No. 26485 of 2009 on comprehensive protection to prevent, punish and eradicate violence against women in places where interpersonal relations occur” (sections 4 and 6): (1) defines “violence against women” and some of its forms and processes as “physical”, “psychological”, “sexual”, (which includes sexual harassment), “economic and wealth-related”, “symbolic”, “institutional” and “political”, and also as “work-related violence”; (2) considers work-related violence against women as including, inter alia, lower remuneration for equal work or functions and the requirement to undergo a pregnancy test; and (3) is regulated by Decree No. 1011/2010, which defines psychological work-related harassment (section 6). The Committee also notes that: (1) the CCTG defines gender-based violence and harassment based on the wording of Convention No. 190 (section 124bis); and (2) Decision No. 5/2007 includes, for the purposes of the establishment of the OAVL, “gender-based violence” and “sexual harassment” within the concept of work-related violence, but neither defines nor prohibits them. The Committee observes that the provisions of Act No. 26485 define and prohibit some of the forms of gender-based violence and harassment covered by Article 1(1)(b) of the Convention and emphasizes that the concept of “gender-based violence and harassment” provided for in Article 1(1)(b) is broader, since it covers all persons, not only women. The Committee requests the Government to indicate the measures adopted to include a definition and explicit prohibition of gender-based violence and harassment in the legislation applicable to the private sector against all persons, not only women. With regard to sexual harassment, the Committee recalls its comments on the application of Convention No. 111 and, more particularly, the inclusion in the legislation of a clear definition and prohibition of sexual harassment.

Articles 2 and 3. Scope of application. The Government indicates that: (1) employed persons, other persons who work, irrespective of their contractual situation, and trainees are protected against violence and harassment; (2) with respect to the legislation in the private sector, the requirements relating to safety and equality of treatment set out in Act No. 20744 (concerning waged work) and Act No. 26727 of 2011 on agricultural work are applicable; and (3) the applicable provisions cover all contexts provided for under Article 3 of the Convention, except for commuting to and from work. The Government also emphasizes that Act No. 26485 covers digital and internet-based violence against women, and that Act No. 27555 of 2020 on the legal provisions governing teleworking contracts includes protection of the personal privacy of the worker in the use of monitoring software for telework. The Committee observes that: (1) the CCTG requires, in respect of jobseekers and applicants, that selection processes should be free from violence and harassment towards those applying (section 57): (2) Act No. 26485 has a general scope of application and, in addition, explicitly covers violence against women that could hamper their access to employment and violence against women in the public space, including means of transportation; (3) Act No. 20744 excludes from its scope not only agricultural work, but also domestic workers, for whom the special regime established by Act No. 26844 of 2013 does not appear to include similar provisions; and (4) Law 24557 on Occupational Hazards covers occupational accidents, defined as sudden and violent events, occurring due to the fact or on the occasion of work, or on the journey between the worker's home and the workplace, as long as the injured party has not interrupted or altered such journey for reasons unrelated to work (Article 6). The Committee requests the Government to indicate the provisions that provide protection against violence and harassment, in the private sector, to job applicants and jobseekers, volunteers, and those who exercise the authority, duties or responsibilities of an employer, particularly in cases that are not covered by Law 26485.The Committee also requests the Government to provide information on the manner in which domestic workers are protected against violence and harassment in the world of work. The Committee requests the Government to indicate how article 6 of Law 24557 and other relevant legislative provisions, cover cases of violence and harassment during commuting. It also asks the Government to provide information, if 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 in Article 3(a) to (f), including specifically with reference to commuting to and from work.

Article 4(2). Inclusive integrated and gender-responsive approach. The Committee notes the information provided by the Government on: (1) the creation of the Federal Forum for the Eradication of Violence and Harassment in the World of Work, and the National Network against work-related violence; (2) the role of the OAVL in providing assistance and guidance on work-related violence; and (3) specific programmes, such as “Qualitas 190” (aimed at employers) and “COOP 190” (for cooperatives), and the signature of undertakings with trade unions and employers’ organizations. The Committee also observes that the provisions and measures reported by the Government rarely refer to violence and harassment involving third parties. In its observations, the CTA-Autonomous indicates that the legislative framework addressing violence and harassment lacks harmonization (legislative dispersion) and that many agreements address the subject of violence and harassment through declamatory provisions, without establishing goals or specific operational indicators.

The Committee further notes the information provided by the Government on many plans, projects and measures for the elimination of gender-based violence and the provision of support in that regard. However, the Committee notes that several of the policies and programmes to which the Government refers are under the responsibility of the Ministry for Women, Gender and Diversity (MMGyD) and that, according to publicly available information, the Ministry was dissolved in 2024. The Committee understands that many of the provisions of the Convention require specific measures for their implementation and urges the Government to take measures in this regard. It also takes note of the Government's indications that international treaties have a higher status than national law and that several of them enjoy constitutional status, which is relevant for the purposes of interpretation. The Committee requests the Government to provide information on measures adopted to: (i) promote an integrated approach based on a clear and harmonized legislative framework on violence and harassment; and (ii) take into account violence and harassment in the world of work that involves third parties. The Committee also requests the Government to indicate the manner in which it ensures that the implementing measures for the Convention take account of gender considerations, and which institutions follow up the programmes and projects adopted.

Articles 5 and 6. Promotion of decent work. Equality and non-discrimination. The Government indicates that: (1) the Federal Reinforcement Programme for the Promotion of Decent Work (Ministerial Decision No. 485/2023) has the objective of promoting direct action to prevent violence and harassment in the world of work; (2) the “Workplaces without Discrimination” programme has the objective of reducing inequality indices, focusing on the different forms of discrimination that occur at work and in the labour market; and (3) other policies adopted in the area of equality, such as the National Plan to Combat Gender-based Violence, include an intersectional perspective enabling the focus to be placed on specific groups. The Committee requests the Government to provide information on measures regarding violence and harassment in the world of work that have been implemented in the context of the Federal Reinforcement Programme for the Promotion of Decent Work, the Workplaces without Discrimination programme, and the National Plan to Combat Gender-based Violence. The Committee also refers to its comments in respect of Convention No. 111.

Article 8. Appropriate prevention measures. The Government refers to various measures for the regularization and registration of employment, and indicates that: (1) labour inspectors have competence for, and receive training in, detecting unregistered workplaces (Act No. 25877 of 2004 issuing labour regulations (section 29); (2) informal economy workers can have access to support programmes for women and LGBTI+ persons who are victims of gender-based violence; and (3) Act No. 27345 of 2016 on public emergency has the objective of promoting and defending the rights of men and women workers in the popular economy. The Committee also observes that Act No. 26485 covers violence against women in public spaces, the deprivation of essential means for living a dignified life as a form of “economic” violence, and violence exercised by public servants, professionals, personnel and officials of any public body, entity or institution as “institutional violence” (sections 5 and 6). Regarding the identification of the sectors, occupations and work arrangements that are most exposed to violence and harassment, the Committee welcomes the signing of a framework agreement in the metalworks sector, reported in the UIA’s observations, and the studies that have been carried out on violence and harassment in the electrical energy and health sectors referred to by the CGT-RA in its observations. The Committee requests the Government to indicate: (i) whether the labour inspectorate has the competence to deal with cases of violence and harassment against workers in the informal economy (or, if not, who the competent authorities are); and (ii) the measures adopted to prevent violence and harassment against such workers, including the measures contained in regularization programmes, and those intended to prevent violence and harassment by public authorities. The Committee also requests the Government to report the measures adopted to identify, in consultation with the workers’ and employers’ organizations concerned, sectors, occupations and work arrangements with a higher incidence of violence and harassment, and the specific prevention and protection measures adopted. The Committee refers to its comments on Convention No. 189 in relation to access to effective protection for domestic workers.

Article 9. Responsibilities of employers. The Committee notes that: (1) the CCTG establishes the requirement for employers to ensure a good working climate and bring an end to any occurrence of violence and harassment at work (section 33); (2) Act No. 20744 (section 75) and Act No. 26727 (section 45) establish the duty of the employer to take the necessary measures to protect workers’ physical and mental integrity and dignity; and (3) Act No. 19587 of 1972 on occupational safety and health establishes the requirement for all employers to adopt and put into practice adequate safety and health measures to protect the life and safety of workers (section 8).

Article 9(a). Workplace policy. The Government indicates that Act No. 19587 and its implementing Decree call for the revision and updating of workplace policies on occupational safety and health to adopt a focus on a safe working environment free from violence and harassment. The Committee also observes that: (1) in the national public sector, the CCTG sets out guidelines to address violence and harassment, and that the Framework Protocol to Address Gender-based Violence in the National Public Sector includes preventive action, guidance, advice and practical measures; and (2) the Government reports that provisions on violence and harassment are included in several collective agreements and action plans in the Administration, and that the Ministry of Labour, Employment and Social Security is preparing an action plan on violence and harassment. While noting this information, the Committee considers that, in accordance with Article 9(a) of the Convention, laws and regulations should require that violence and harassment is addressed in workplace policies, which may be adapted to what is considered to be reasonable and practicable, and that this can be done either through already existing workplace policies (such as those related to OSH or to equality and non-discrimination) or new specific policies. The Committee requests the Government to provide information on the measures taken for the adoption of legislation of this type and recalls the importance of ensuring that employers and workers and their representatives are consulted in this regard. The Committee also requests the Government to indicate whether the Framework Protocol is mandatory or voluntary.

Articles 9(b) and 9(c). Occupational safety and health management, including in relation to hazards and risks of violence and harassment. The Government indicates that Decision No. 103/2005 of the Office of the Superintendent on Occupational Hazards (adopted under section 36 of Act No. 24557 of 1995 on occupational risks) is based on the ILO-OSH Guidelines of 2001, which refer to physical, psychosocial hazards or those connected to work organization which can result in work-related injury, ill health and diseases and that supervision of the work environment includes taking account of work organization and psychosocial factors. The Government adds that the “Occupational Safety and Health Management System and Prevention of Workplace Violence and Harassment” guide has been drawn up and contains a “checklist of measures to prevent work-related violence and harassment and associated psychosocial risks” to help employers implement measures and promote an environment free from work-related violence and harassment, and that a model procedure on “Identifying dangers and evaluating risks of violence and harassment” will also be prepared. The Committee further notes that the CCTG provides that, when implementing occupational safety and health legislation, working conditions such as psychosocial factors, aspects of work organization, and the working environment, including socio-cultural circumstances surrounding the quality of the employment relationship, should be taken into consideration (sections 115 and 116). The Committee notes the observations of CTA-Autonomous, according to which occupational safety and health (OSH) is not taken as an essential element for addressing violence and harassment, and that spaces allowing tripartite participation in OSH matters, which would be useful to address the phenomenon, are not systematically provided. The Committee requests the Government to provide information on: (i) the implementation in practice of Decision No. 103/2005 and of the CCTG in addressing the phenomenon of violence and harassment through occupational safety and health measures (for instance, whether there have been cases where the evaluation of risks has been considered incomplete due to the lack of consideration of risks of violence and harassment); and (ii) the progress made in the preparation and publication of the various guides and procedures mentioned (and to provide copies).

Article 9(d). Information and training. The Committee observes that Act No. 19587 establishes the publication and dissemination of prevention techniques and recommendations for work-related risks as a basic principle (section 5(ñ)), sets out the requirement for the employer to post and maintain in conspicuous places notices and posters on safety and health measures and to promote the training of the relevant personnel (sections 9(j) and (k)), and the requirement for the workers to collaborate in the organization of training and education programmes and to comply with safety and health standards (section 10). Act No. 24557 also provides that workers shall receive from their employer information and training on the prevention of work-related hazards and shall comply with health and safety standards (sections 31(a) and (b)). The Committee requests the Government to provide information on the measures that have been adopted in this area to provide information and training on violence and harassment in the world of work. The Committee also requests the Government to indicate the measures that have been adopted, where applicable, to ensure that information and training are provided in accessible formats as appropriate.

Article 10(a) and (h). Monitoring and enforcement. The Government indicates that: (1) the Integrated Labour and Social Security Inspection System (SIDITYSS) monitors compliance with labour standards and has the competence to take action in cases of violence and harassment in the world of work; and (2) the Federal Labour Council adopts uniform action protocols for inspection. In this regard, the Committee observes that, under Act No. 25212 of 1999 on the Federal Labour Pact, inspectors are empowered to issue orders requiring the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of the worker, including the cessation of work (Annex II, section 7). The Committee also notes, from publicly available information, that various institutions and bodies appear to be collecting data or preparing studies on violence and harassment in the world of work, (including the OAVL, the Argentinian Occupational Safety and Health Observatory, and the Commission on Equality of Opportunity and Treatment in the National Public Administration (CIOT), and that the Surveys on Employment Conditions, Safety and Health (ECETSS) include questions on exposure to physical violence, sexual harassment and harassment/intimidation. The Committee notes that CTA-Autonomous indicates that the labour inspection services do not have the necessary training and tools to allow them to detect and intervene in situations of violence and harassment. The Committee requests the Government to provide information on: (i) the training provided to the labour inspection services for the identification and treatment of cases of violence and harassment; (ii) the number of cases of violence and harassment in the world of work that are brought to the knowledge of the labour inspection services and other competent authorities, as well as the penalties imposed and the remedies granted; and (iii) where available, the recent studies and data collected or published on violence and harassment in the world of work.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes the information provided by the Government on: (1) the OAVL, which is competent to receive inquiries and/or complaints on work-related violence (dealing with 2394 inquiries in 2023), to advise complainants on the available procedures and refer the details of the case to the competent authorities; (2) the conciliation system for individual labour disputes or labour disputes involving several persons, which include cases of work-related violence, is mandatory prior to taking judicial action (Act No. 24635 on compulsory labour conciliation); (3) the competence of the national labour courts in accordance with Act No. 18345 on the organization and procedures of national labour courts. The Committee further observes, in respect of the public sector, that: (1) Framework Act No. 25164 regulating national public employment provides for the administrative investigation of certain violations (section 35), including failure to comply with duties such as behaving with respect and courtesy, and the duty of non-discrimination (sections 23, 24 and 32), and provides for administrative and judicial action in disputes relating to acts by personnel which give rise to penalties (section 39); and (2) the Framework Protocol for the National Public Sector includes a procedure to receive enquiries and complaints. The Committee also notes that, although there is a mandatory labour conciliation system, Act No. 26485 provides that “mediation and conciliation hearings shall be prohibited” for cases of violence against women (section 28). The Committee also notes the various assistance and guidance measures and programmes provided by the OAVL and the CIOT. The Committee requests the Government to provide information on: (i) the measures adopted to ensure that the various complaint and conflict resolution procedures and mechanisms are safe (for example, protection measures against victimization and retaliation); and (ii) if available, examples of internal workplace mechanisms that have been established for the submission of complaints and the investigation of violence and harassment. The Committee also requests the Government to clarify how Act No. 24635 and section 28 of Act No. 26485 interact in practice for cases of violence and harassment against women in the world of work.

Easy access to appropriate and effective remedies. The Government indicates that Act No. 20744 provides for the right of workers to terminate an employment contract with just cause where there has been a failure by the other party to comply with the obligations arising out of the contract (section 245). The Committee observes that: (1) Act No. 26485 provides that a woman victim of gender-based violence may claim civil compensation (section 35); and (2) Act No. 23592 of 1988 on measures to combat acts of discrimination requires the cessation of the discriminatory acts and compensation for the material and moral damages, which could be relevant in cases of violence and harassment based on the prohibited grounds of discrimination. The Committee requests the Government to continue to provide information on examples of remedies granted to victims in specific cases on the basis of such provisions (for example, in case laws). It also requests the Government to indicate which provisions provide for remedies for victims of violence and harassment in the public sector.

Gender-responsive mechanisms, support, services and remedies. The Government provides detailed information on the various support initiatives and services for women and LGBTI+ persons who are victims of gender-based violence, including work-related violence, including: (1) various programmes providing economic assistance, employment promotion, the creation of productive projects, legal assistance and access to justice; (2) the 144 telephone line; and (3) the establishment of the Comprehensive Support Network for Gender-based Violence. The Committee also observes that Act No. 26485 and its regulatory Decree refer to: (1) the rules of evidence and the comments made by the CEACR on principles governing evidence (sections 6 and 16); (2) the right to respectful treatment, views being taken into account and to refuse physical inspections (sections 3 and 16); and (3) a specific very expeditious procedure for cases of violence against women (sections 20–28). The Committee also notes that: (1) Decree No. 456/2022 on administrative investigations provides for respectful treatment without the investigation of intimate aspects that are irrelevant for the procedure; and (2) the Framework Protocol for the National Public Sector and the Guidelines on Vocational Training and Employment Promotion, in relation to cases of gender-based violence, both also refer to the principles of respect, active and empathetic listening and to guarantees to avoid the unnecessary repetition of the facts. The Committee welcomes the numerous support initiatives adopted and requests the Government to indicate whether such initiatives cover all victims of gender-based violence and harassment against all persons, including men. The Committee also asks the Government to provide information, if available, on any other measures adopted to ensure that complaint and dispute resolution mechanisms are gender-responsive (for example, in the context of labour inspection interventions).

Article 10(c). Protection of privacy and confidentiality. The Government refers to: (1) Act No. 26485, which includes the principle of respect for the right to confidentiality and privacy (section 7), and provides guarantees for the confidentiality of the identity of the complainant and of the parties in the records (sections 21 and 37); (2) the CCTG and the Framework Protocol for the National Public Sector, both of which provide for guarantees of confidentiality and discretion when dealing with enquiries and complaints; and (3) the confidentiality agreement that governs the compulsory conciliation procedure prior to recourse to the labour courts. The Committee also notes that all interventions of the OAVL are subject to confidentiality requirements (Decision No. 5/2007, section 6), in relation to procedures governed by the Guidelines on Vocational Training and Employment Promotion (paragraph V(a)), and that the summary administrative procedure is considered confidential until the charges are proven (Decree No. 456/2002, section 46). The Committee emphasizes that the reference to “individuals involved” in Article 10(c) of the Convention does not only include victims and witnesses, but also the accused. The Committee requests the Government to provide information on the measures adopted, where possible and appropriate, to protect the privacy of persons accused of violence and harassment in the world of work.

Article 10(d). Sanctions. The Government indicates that Act No. 25212 of 2006 categorizes as a “very serious violation” any acts by the employer that involve any type of discrimination in employment or occupation, acts by the employer that are contrary to the privacy and dignity of workers, and acts or omissions in respect of occupational safety and health that pose a serious and imminent danger to workers’ health. The same Act punishes these violations with fines of between 50 and 2,000 per cent of the monthly amount of the Adjustable Minimum Living Wage and, in the event of repeat offences, the closure of the establishment and the disqualification of the employer (Annex II, sections 4 and 5). The Committee also observes that: (1) the CCTG classifies acts of violence and harassment in the world of work and gender-based violence as “serious misconduct” under the terms of section 32(e) of Act No. 25164 of 1999 issuing the framework regulations for public employment; (2) acts of discrimination are also deemed to be “serious misconduct” under the terms of the same section; and (3) failure to comply with the requirement to behave in a collaborative manner and with respect and courtesy in relations with the public and the other members of the personnel may be considered to be serious misconduct, depending on the gravity and magnitude of the facts (sections 23(b) and 32(e) of Act No. 25164). The Committee also notes that the Penal Code establishes relevant sanctions for various types of conduct that could constitute violence and harassment in the world of work. The Committee requests the Government to clarify whether Act No. 25212 contains provisions that sanction, or have been applied to sanction, acts or behaviours that constitute violence and harassment and that were not committed by the employer.

Article 10(f). Domestic violence. The Government indicates that there are collective agreements in the private sector that contain provisions relating to domestic violence. With respect to the public sector, the Government refers to section 147bis of the CCTG, which: (1) grants leave of absence in the event of gender violence without loss of benefits, for a period of up to 15 consecutive days, which may be extended once; and (2) envisages the possibility of changing the place of work, and/or working hours, at the request of the official, where the latter shares a workplace with the offender, taking all necessary steps to ensure that these changes are applied to the offender. It also indicates that the Framework Protocol for the National Public Sector affirms that persons in a situation of gender-based violence outside the workplace shall be supported by the establishment in which they work (section 3). The Committee welcomes the measures adopted and requests the Government to provide information, if available, on: (i) collective agreements in the private sector that contain measures relating to domestic violence; and (ii) the number of men and women who have availed themselves of leave of absence in the event of gender-based violence or the change of the workplace and/or the working hours of the alleged offender or the victim.It also requests the Government to continue to inform on any other measures adopted to recognize and address the impact of domestic violence in the world of work (for instance, through the inclusion of domestic violence in risk-assessments).

Article 10(g). Right of workers to remove themselves from a work situation and the duty to inform management. The Government refers to section 75 of Act No. 20744, under which a worker may refuse to perform work, without that leading to the loss or reduction of pay, where the work is required in violation of occupational safety and health conditions, provided there is an imminent danger of injury. The Committee recalls that, in its comments regarding Convention No. 155, it noted section 31(3)(c) of Act No. 24557, which establishes the requirement for workers to report to the employer situations of which they are aware involving occupational risks. The Committee requests the Government to provide information on the application of section 75 of Act No. 20744 in relation to cases of violence and harassment and the duty to inform management thereof. The Committee also refers to its comments on the implementation of Convention No. 155 in this regard.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes that the Government refers to: (1) the Standing Interministerial Committee for Coordinating “Labour and Migration” Action, which includes among its functions the prevention and elimination of risks and vulnerabilities faced by migrants and refugees in the world of work; (2) the National Programme for Gender Equality in Work, Employment and Production (“Igualar”) 2020, which includes a specific objective of promoting a reduction in work-related violence and harassment suffered by women and by different genders in the world of work; (3) the National Action Plans to Combat Gender-based Violence 2020–2022 and 2022–2024, which include measures to address work-related gender-based violence; and (4) the National Occupational Safety and Health Policy, which is to be revised and updated, with a focus on safe and healthy working environments, free from violence and harassment. The Committee requests the Government to provide information on: (i) the measures adopted to address violence and harassment in the world of work in the framework of the “Labour and Migration” Committee, the “Igualar” Programme and the National Action Plans to Combat Gender-based Violence; and (ii) the progress achieved in the revision and updating of the National Occupational Safety and Health Policy.

Article 11(b) and (c). Guidance, training tools and awareness-raising campaigns. The Committee notes the detailed information provided by the Government on the various measures adopted to provide training and guidance tools and materials to employers and trade unions, including through the OAVL, the “Qualitas 190” Programme, the “COOP 190” Programme for cooperatives, and the Federal Forum for the Eradication of Violence and Harassment in the World of Work. The Government also provides information on awareness-raising campaigns undertaken for the general public on work-related and gender-based violence. The Government further refers to the implementation of Act No. 27499 (the Micaela Act) on mandatory gender training for public employees. The Committee further notes that the UIA and the CGT-RA report in their observations on various guidance and training materials on violence and harassment in the world of work produced by the authorities and by employers’ and workers’ organizations. The Committee requests the Government to continue providing information on the guidance, training tools and awareness-raising campaigns adopted in respect of violence and harassment in the world of work, including data on the level of participation by men and women in these initiatives and the criteria adopted to provide them in accessible formats, where appropriate. The Committee also asks the Government whether it has considered to elaborate guidance materials that would compile the main legal rules applicable to cases of violence and harassment in the world of work.