The new element of harassment in the labor regime of private activity

Abstract

The ILO defined workplace or moral harassment in its Convention 190, which “manifests itself only once”, this new element being disruptive for Peruvian doctrine and legislation, even for Latin Americans and Europeans, also in its Recommendation N. ° 206 proposes: compensation, reinstatement of the worker, cessation of moral harassment, reimbursement of his advisor's expenses and reversal of the burden of proof. For this reason, legislators must provide in their special law a concept of harassment in the same terms and with a closed list of acts of harassment to have an objective typicality; in this way put an end to the concern of the national and international worker and employer about the element “that only one time is enough to sanction harassment”, in order to prevent the possibility of deciding whether or not harassment exists from being very subjective.