ЩОДО РАТИФІКАЦІЇ УКРАЇНОЮ КОНВЕНЦІЇ МОП № 190 ПРО ВИКОРІНЕННЯ НАСИЛЬСТВА ТА ДОМАГАНЬ У СФЕРІ ПРАЦІ

Abstract

The article provides a comparative analysis of the ILO Convention No. 190 and Ukrainian legislation concerning the issues of combating violence and harassment in the world of work. ILO standards have traditionally been one of the key sources of national labour law. Conventions and recommendations of this organization represent a balance of interests of workers, employers and governments, which have also been properly tested both in time and in practice. ILO Convention No. 190 is not an exception in this case. Ratification of this Convention will not only strengthen the international status of Ukraine, but also improve national mechanisms to combat violence and harassment in labour relations. Among the key features of the ILO Convention No. 190 the following should be highlighted: providing a definition of "violence and harassment" in the world of work, specification of the powers of the labour inspectorate in terms of detecting cases of violence and harassment, adoption in consultation with employees a workplace policy on violence and harassment, ensuring easy access to appropriate and effective remedies and dispute resolution mechanisms, etc. It has been established that Ukraine currently has a proper basis for ratification of ILO Convention No. 190. This is primarily due to the adoption in 2017 of the Law on Prevention and Counteraction to Domestic Violence, which introduced a number of important amendments to existing legislation in terms of enshrining at the regulatory level the concepts of "sexual harassment" and "gender-based violence", as well as mechanisms to combat them. The recognition of this Convention as legally binding for Ukraine would further eliminate a number of existing gaps in legal regulation relating to combating violence and harassment in the world of work. Such gaps include: the lack of a clear mandate from the State Labour Service to exercise state control over employers' compliance with anti-violence and harassment legislation, not taking into account violence and harassment and associated psychosocial risks in the management of occupational safety and health, lack of norms that would mitigate the impact of do- mestic violence in the world of work, etc.