Sri Lanka’s ratification of ILO C 190 - Impact on the SMEs

Violence and harassment in the world of work is a persistent and significant challenge faced by workers worldwide

On April 16, 2026, Sri Lanka formally ratified the International Labour Organization (ILO) Convention No. 190 (C190) on Violence and Harassment, becoming the 55th member state to do so. 

Convention No. 190 is the first international instrument to establish a clear and comprehensive basis for preventing and addressing violence and harassment in the world of work. 

C190 was adopted in June 2019, by the International Labour Conference of the ILO, and came into force on 25 June 2021. Together with Recommendation No. 206, it provides a comprehensive and gender – responsive approach to protecting those engaged in the world of work. 

In this article we will explore the standards expected from the employer, the challenges SMEs will face in adopting these standards and mitigation mechanisms. 

Key terms and what they really mean

The C 190 defines workplace violence and harassment as a “range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in or are likely to result in physical, psychological, sexual or economic harm and includes gender-based violence and harassment.”

Gender based violence and harassment is “violence and harassment directed at persons because of their sex or gender or affecting persons of a particular sex of gender disproportionately and includes sexual harassment.”

It is important to understand that the definition of workplace is broad any incidents that may occur in the course of, linked with or arising out of work, during working hours, before and after working hours and includes even private spaces where a worker takes rest, meals, break including washing, changing and sanitary facilities. Social activities, business trips, travel to and from work and accommodation provided for employees are all covered. 

Work related communication “enabled by information and communication technologies is also in scope. This becomes extremely pertinent given that we are dependent on multiple online platforms for our business communications specially post  pandemic. 

Scope and applicability 

The C 190 has wide coverage which extends to public, semi public and private sector. Employees (in the formal and informal), non standard and informal workers, trainees, interns apprentices and others connected to the world of work. Going a step further the convention protects the rights of job seekers and applicants who are vulnerable to multiple forms of exploitation. 

Global realities of violence and harassment in workplaces 

Violence and harassment in the world of work is a persistent and significant challenge faced by workers worldwide. In the Global First Survey to understand the experiences of violence and harassment at work conducted by the ILO, more than one in five (22.8 percent or 743 million) persons in employment had experienced at least one form of violence and harassment at work during their working life. 

Among people who had experienced violence and harassment at work, about one-third (31.8 percent) said they had experienced more than one form of violence in their working life. One in fifteen (6.3 percent or 205 million) people in employment has experienced sexual violence and harassment at work in their working life. While persons belonging to any gender can experience workplace violence and harassment this research found that women were particularly vulnerable (8.2 percent of women compared to 5.0 percent of men). 

Local findings 

As per a survey conducted by the International Finance Corporation in Sri Lanka it was found that 3 in 5 (61 percent) people surveyed have experienced a form of workplace violence or harassment (59 percent bullying, 11 percent sexual harassment and 3 percent online violence). 

The survey further found that while workplace violence affects all ages and genders those living with disabilities were more vulnerable. Through this study it has been revealed that as a result of workplace violence and harassment 6 days of staff time is lost per employee every costing  the participating companies atleast US$ 1.8 million every year.

Sri Lankan law on Sexual Harassment 

In Sri Lanka sexual harassment is a criminal offence and includes sexual harassment in the workplace. The Penal Code (Amended) Act No. 22 of 1995: Section 345 stipulates that “unwelcome sexual advances by words or action used by a person in authority, to a working place or any other place, shall constitute the offence of sexual harassment” which can result in severe punishment to offenders. In addition the Women Empowerment Act, no 37 of 2024 recognizes the importance of preventing women from violence and sexual harassment.

Benefits of promoting respectful workplaces free of violence and harassment 

There are clear business benefits of establishing and maintaining respectful workplaces where employees feel safe, valued and can focus on doing their best at work. Such benefits include:

Reducing absenteeism increasing presenteeism and reducing worker turnover. 

Increasing staff engagement and loyalty to employer 

Improving  health, safety & wellbeing of the workforce. 

Improving organizational reputation in general and specifically among stakeholders.  

Saving legal fees, costs of remediation. 

All of these would contribute towards increasing productivity and improving financial performance of the organization. 

Expectations from the employers

The C 190 expects employers to take appropriate steps to prevent violence and harassment in the world of work such as 

Reassess scope of duty of care: Map risks across the full employment lifecycle considering the definition of the workplace to include commute, travel, remote work, digital communications, employer events and accommodation. 

Update HR frameworks: Introduce policies, procedures and implement them to ensure confidentiality, safety, respect and non discrimination of all concerned. 

Integrate into Occupational Safety and Health Management System:   Treat violence and harassment as occupational hazards, conduct a risk assessment and integrate risk controls into OSH management.  

Strengthen reporting and remediation: Create accessible, confidential complaint channels, timely investigative protocols, and ensure that all those involved are treated with respect, non discrimination and confidentiality and safety are taken into consideration. 

Challenges on SMEs

Limited financial and human resources : SMEs often lack the budget for policy development, external legal advice, investigation capacity, occupational safety and health (OSH) upgrades, confidential reporting systems, counselling etc. Further they have no dedicated HR or legal function, so responsibilities fall to owners or managers who lack time and expertise. Under such circumstances focus on respectful workplaces does not become a priority. 

Low institutional capacity and technical expertise :  Lack of technical expertise on the subject matter, to conduct risk assessments, handle complaints, implement resolution mechanisms and take remedial action ioperating at the required levels of duty of care can be a challenge. 

Informality and diverse employment relationships: Frequently engaging casual, temporary, gig or informal workers and subcontractors, having limited control over upstream or downstream supply chain partners can complicate operationalizing respectful workplace requirements. 

Cultural and social barriers : due to multiple social dynamics such as involvement of family members in multiple functions, gender norms, victim blaming and reluctance to share beyond their own circles, fear of the spread of stories and gossip can severely curtail the implementation of the expected standards. 

Transcending beyond the challenges for SMEs 

Despite the challenges if the SMEs are to benefit from operating respectful workplaces and complying with C 190 they have to come up with a plan for adoption. Some of the mitigating mechanism maybe :

Proportionality and phased implementation: Implementation of respectful workplaces standards in phases using a clearly defined roadmap can ease the burden, yet ensure that they do embark on and become respectful workplaces.

Partnerships, shared services and pooled resources: Benefiting from being part of Industry associations, chambers of commerce, or multi employer arrangements can offer shared simplified guidance and templates, HR, investigation, counselling and legal services at lower cost.

(The writer is a specialist in creating inclusive and respectful workplaces working in the development sector and with Corporations. She provides training and implementation support to align workplaces with the International Labour Organization’s Convention 190. She is also a Board Member of WCIC)