The Republic of Moldova is to adjust its national legislation on combating violence and harassment in the workplace to align with the provisions of the International Labour Organization (ILO) Convention. The process of ratifying the ILO Convention on combating violence and harassment in the world of work (No. 190 of 2019) was initiated in April this year by the Platform of Women Deputies in the Parliament of the Republic of Moldova.

The current situation regarding the manifestation of this phenomenon, as well as recommendations for bringing national legislation in line with the provisions of the ILO Convention were discussed on Monday, June 26, at a workshop attended by representatives of the Parliament, the Government, social partners, the Office of the People’s Advocate, the Equality Council and ILO experts. Together with Recommendation No. 206 Convention No. 190 provides a clear and comprehensive framework for intervention to protect victims through actions such as paid leave, flexible working arrangements and temporary protection against dismissal.

A recent study by the World Labour Organisation shows that almost 23% of employed people have experienced workplace violence and harassment, whether physical, psychological or sexual, during their working lives. Globally, some 18% of employed people said they had experienced psychological violence and harassment at work, and 8.5% had experienced physical violence and harassment. The study also shows that men are more affected by physical violence, while women are particularly exposed to sexual violence and harassment.

The COVID-19 pandemic has increased workplace violence and harassment in some sectors, and working from home has led to increased domestic violence and a higher risk of cyberbullying.

Moldovan labour law sets out only a few general procedures to protect against violence and harassment in the world of work. The Criminal and Contravention Code provide for legal liability for acts of harassment, including harassment at work. However, the application of these provisions is limited and existing law enforcement practice based on these provisions does not ensure effective protection of individuals against violence and harassment at work.

A survey conducted in 2023 by the Partnership for Development Center shows that very few people in Moldova report sexual harassment at work. In 2022, 9 convictions were issued. The highest incidence of sexual harassment cases are subtle ones, such as inappropriate looks, inappropriate gestures, language and jokes with sexual connotations. The most serious forms recorded are threats to have sex and use of force to have sex. The most common cases are among women, and most often they occur during working hours.

“We want to be able to ratify this Convention by autumn, in order to bring Moldova into the ranks of countries that ratify and implement the important provisions of the International Labour Organisation,” said Corina Ajder, State Secretary at the Ministry of Labour and Social Protection.

Depute Angela Munteanu Pojoga underlined that “this Convention states that everyone has the right to a world of work free from violence and harassment. It also provides the first internationally agreed definition of violence and harassment in the world of work, including gender-based violence, understood as a range of unacceptable behaviours and practices that can result in physical, psychological, sexual or economic harm”.

Members of the working group, made up of representatives of the Parliament, the Government, the International Labour Organisation, the National Confederation of Trade Unions of Moldova, the National Confederation of Employers of the Republic of Moldova and civil society, are to finalise the recommendations so that the Parliament can ratify the Convention in the parliamentary session in autumn 2023.

“The ratification process of the Convention was launched as early as 2021, when the Istanbul Convention was ratified. Moldova has ratified 43 ILO Conventions because we believe that a world of work must exist free from violence and harassment,” says Ala Lipciu, ILO Moldova National Coordinator.

So far, 31 countries have ratified Convention 190, including Greece, Albania, Italy, Spain, Germany, France, the UK and Canada.