Over-Regulation Against Workplace Harassment

Businessmen from Central America and the Dominican Republic ask that ILO Convention 190 not be ratified, arguing that countries already have regulations to deal with violence and harassment in the workplace.

Monday, August 12, 2019

The Federation of Private Entities of Central America, Panama and the Dominican Republic (Fedepricap), through a statement dated August 9, reported that they agreed to request from the governments "... the non-ratification of Convention 190 of the International Labor Office (ILO), on which there was already a declaration against employers, with the purpose of not harming the generation of jobs.

See full agreement.

Juan Carlos Sikaffy, president of Fedepricap, explained to Prensalibre.com that this is a "... position held by all business organizations in Latin America without exception, because they consider that this agreement is not a regulation that contributes to legal security, promotion and generation of investments in the countries."

Sikaffy added that "... The countries of the region already have regulations to deal with these actions, so approving one more would cause it to be over-regulated and could hinder the hiring of people. The business sector cannot be responsible for actions that occur outside the work environment, such as domestic violence or exogenous situations that are not part of labor relations."

Employers believe that harassment from people who are not part of companies cannot be controlled by the employer and therefore cannot be held accountable.

Article 3 of the agreement states that "... This Convention applies to violence and harassment in the workplace that occur in the course of, in connection with or as a result of work:
1) in the workplace, including in public and private spaces when they are a workplace;
2) in places where the worker is paid, where he takes his rest or eats, or where he uses sanitary or toilet facilities and in changing rooms;
3) on work-related journeys, trips, social or training events or activities;
4) in the context of work-related communications, including communications by means of information and communication technologies;
5) accommodation provided by the employer; and
6) on journeys between home and workplace."

¿Busca soluciones de inteligencia comercial para su empresa?

More on this topic

Unions Against Part-time Employment

September 2019

Arguing that the regulations contradict some articles of the Political Constitution, in Guatemala union groups brought an action against the agreement that allows companies to hire part-time personnel.

After years of discussion, on June 27th Governmental Agreement 89-2019 was published in the Official Gazette.

Progress in Partial Employment Law

December 2018

In Guatemala, the law regulating part-time work has already been reviewed by the Attorney General's Office and awaits the approval of the Council of Ministers.

Although in August 2017, the Morales administration had planned to approve the law before February 2018, the process has been lengthening, and a government agreement must be issued for it to take effect.

New Rules Governing Maritime Labor

August 2013

Panama is the only Central American country that has ratified the Maritime Labour Convention of the ILO, which takes effect on August 20, 2013.

A statement from the International Labour Organization (ILO):

The global shipping industry sails under a new rule

A new "bill of rights" - the Maritime Labour Convention of the ILO - enters into force, ensuring protection for 1.5 million seafarers worldwide and fair competition for shipowners.

Part-time work discussed in Guatemala

June 2008

The economic crisis has reactivated the dialog to allow part-time work in companies, through ratifying Agreement 175 of the International Labor Organization (ILO).

The possibility that a housewife might work several hours a day outside of the home, or that a student might choose a night-shift job to pay for his or her studies, or that a company contracts work only for the hours needed for its production are some of the benefits of part-time work.