Le politiche di prevenzione e contrasto alla violenza e alle molestie nel luogo di lavoro: una lettura giuslavoristica

The ISTAT research Le molestie: vittime e contesto | anno 2022-2023, which captures data from a module dedicated to sexual harassment suffered in the workplace and non-sexual harassment suffered outside this context, complements the report presented by the ILO in January 2024 Preventing and addressing violence and harassment in the world of work through occupational safety and health measures, a report that identifies the general regulatory framework in the field of violence and harassment at work. It integrates the regulatory dimension of industrial relations and labour law with the anti-discrimination regulation, with question of remedies, as conceived in private law (compensation) and public law (various benefits related to occupational illnesses/accidents for example, up to deaths at work as a result of aggression by users and/or colleagues). Criminal law legally presides over the regulatory framework but does not exhaust it, civil law merely deals with issues of compensation for damages suffered. The proposed contribution is devoted to the legal dimension of the prevention of violence in the workplace with specific focus on harassment and violence at work following the ratification of ILO Convention 190 of 2019.The link between the different regulatory levels (international, European Union) and the different instruments for the prevention of violence in the public and private workplace (collective agreements and self-regulation) is explored, taking into consideration the central role assumed by the anti-discrimination law in force, but also the confirmation of the employer's liability on the specific issue under Article 2087 of the Civil Code. The contribution concludes with some promising practices of gender-sensitive prevention in the field of violence and harassment in the workplace .