The Council of Ministers has given the green light this Tuesday to the ratification of the conventions against violence and workplace harassment and the one referring to the rights of home workers of the International Labor Organization (ILO), government sources explain to elDiario .es After completing the previous procedures, the Government sends to the Courts its will to ratify both international treaties to which the Ministry of Labor had committed.
Spain will expand protection to victims of violence and harassment at work
It is specifically the Agreements 190 and 177 of the ILO. Labor Minister Yolanda Díaz announced just before the pandemic broke out its willingness to ratify the first of them, of 2019, against violence and harassment at work. The step had a special relevance because it was going to mean the entry into force of the international treaty, which requires the ratification of at least two countries and at that time only Uruguay had started the process.
But the pandemic arrived and the process prior to ratification was lengthened in the face of other emergencies as a result of the coronavirus crisis. The second state to finally ratify it was Fiji and Argentina, Ecuador, Mauritius, Namibia and Somalia have since joined. Now, the Executive has completed the “previous mandatory opinions and procedures” and is taking the first step for Spain to join the ratification of the agreement.
Vice President Yolanda Díaz has highlighted to date the importance of Convention 190 against violence and harassment for various novelties in its protective outlook. On the one hand, it includes within the harassment not only that which is exercised vertically (from a superior to a subordinate person) but also that which occurs between equals (one co-worker to another).
In addition, the Minister of Labor has emphasized its scope to scholarship holders, even if they are not salaried, as well as in those spaces that are outside the workplace, such as meetings outside the office, work trips and training courses. job training, in which you must also protect against workplace harassment.
On the other hand, the Ministry of Labor has revived a previous attempt to ratify Convention 177 on home work, which it considers to be in a position to sign now that Spain has agreed and approved the Law on Distance Work. This treaty is much older, dating back to 1996, although it came into force in 2000 and only 12 states have signed it to date.
Convention 177 seeks to recognize teleworkers or home workers the same basic rights as other wage earners, such as reasonable working hours, rest, protection of health and safety, as well as the right to freedom of association and collective bargaining , among others.
Once the Council of Ministers approves the agreement to adhere to both agreements, it is the Cortes that must authorize it. Once endorsed by Parliament, the instrument of ratification by the Minister of Foreign Affairs and, at the end of the process, it is approved in the BOE with the date of entry into force.
Waiting for the Convention 189 of domestic workers
There is another ILO Convention that Spain has promised to ratify on countless occasions, but has not done so to date. It is the Convention 189 of domestic workers. It is a historical demand of domestic employees, since it recognizes a social protection of this group comparable to the rest of workers, which would end with their lack of access to unemployment, among other situations.
Specifically, the Convention establishes that “every Member, taking due account of the specific characteristics of domestic work and acting in accordance with national legislation, shall adopt appropriate measures in order to ensure that domestic workers enjoy conditions no less favorable than those conditions applicable to workers in general with regard to the protection of social security, including in relation to maternity “.
The Vice President and Minister of Labor, Yolanda Díaz, announced in April that the Government had already begun the previous mandatory procedures to sign the treaty. For the moment, this preliminary phase continues, they explain from the Ministry of Labor.