Code of Good Practice on the prevention and elimination of harassment applies in any situation related to an employees work – Department of Employment and Labour

The protection of employees against harassment does not only apply on physical premises but in any situation related to an employee’s work.

So said, the Department’s EE Deputy Director: Niresh Singh during the joint Department of Employment and Labour, and the Commission for Conciliation, Mediation and Arbitration (CCMA) 2022 Employment Equity workshop held in Bloemfontein today, 27 September 2022. 

Singh said the protection of employees against harassment applies in any situation related to an employees work, which includes:

•             the workplace that is both public and private spaces, including the homes of employees who are working remotely;

•             places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities;

•             work-related trips, travel, training, events, or social activities;

•             work-related communications, including those enabled by information and communication technologies;

•             in employer-provided accommodation; and

•             when commuting to and from work, in transport provided or controlled by the employer.

The new Code of Good Practice on the prevention and elimination of harassment in the workplace was published on 18 March 2022.

Singh said although this Code applies to the working environment – perpetrators and victims of harassment may include:

•             owners, employers, managers, supervisors;

•             employees, job seekers and job applicants;

•             persons in training including interns, apprentices and persons on learnerships;

•             volunteers, clients, suppliers, contractors; and

•             others having dealings with an organisation.

South Africa has signed the International Labour Organization (ILO) Convention 190 (C190). By ratifying the Convention, states are obliged to adopt an inclusive, integrated and gender-responsive approach to the prevention and elimination of violence and harassment in the world of work.

Convention 190 was adopted in June 2019, by the International Labour Conference of the International Labour Organization, and came into force on 25 June 2021. The instrument provides a common framework to stop violence and harassment in the world of work, including gender-based violence and harassment.

Governments that ratify C190 will be required to put in place the necessary laws and policy measures to monitor, prevent and address violence and harassment in the world of work.

Source: Government of South Africa