Conference Agenda

In contemporary society, structural inequalities, connected with the complexities of individual identities, are increasing. Moreover, the rise in vulnerabilities requires a profound reflection on the legal framework ensuring equal treatment of workers, particularly from the perspective of intersectional discrimination (Crenshaw, 1989; Makkonen, 2002; Bello, 2020). Notably, the recent approval of European Directive 970/2023 marked the first time intersectional discrimination has been explicitly regulated. At the European level, the intersection of gender and disability is one of the most scrutinized cases of intersectional discrimination (e.g., the European Parliament Resolution of 29/11/2018 on the situation of women with disabilities). However, women with disabilities continue to face multiple and intersectional discrimination in all areas of life, including employment. Only 49.0% of women with disabilities aged 20-64 are employed, compared to 53.9% of men with disabilities in the same age group (EU-SILC UDB 2019). When considering full-time employment, only 20% of women with disabilities hold a full-time job, compared to 29% of men with disabilities, 48% of women without disabilities, and 64% of men without disabilities (Gender Equality Index 2021). This study adopts a legal analysis based on empirical data to propose initiatives to ensure decent work for women with disabilities. It examines the critical and essential principle of the person's centrality (as established by CRPD 2006) and explores this discrimination from the employment perspective. The central research questions are: Which policies and collective bargaining practices can ensure equal treatment for this vulnerable category in light of the European legal framework and recent legislative initiatives in the Italian legal system? What legal protections are needed to enforce labour rights against intersectional discrimination? The research promotes an in-depth analysis of remote work as a form of "reasonable accommodation," considering it a key measure to improve decent work conditions (Brollo, 2022; Verzulli, 2024). Remote work guarantees fair wages and greater flexibility and enables higher retention of full-time employment contracts for women with disabilities. At a jurisprudential level, courts increasingly recognize that remote work constitutes a case of reasonable accommodation (Lambertucci, 2024; De Falco, 2021). However, no specific rule provides for this in the Italian legal system. These crucial aspects are regulated through soft law and collective bargaining, promoting a practical and compelling interpretation of measures protecting decent work. Addressing intersectional discrimination through effective labour rights enforcement and inclusive policies is essential for shaping the future of social protection and advancing labour justice.

Our paper will discuss the development and use of a digital Harassment Risk Assessment (HRA) tool and Harassment Risk Index (HRI) deployed in 2023 in 40 South African companies as an innovative digital solution to measure, address, and monitor workplace harassment, as required by employment equity law (see https://www.workplace-conflict.coach/harassment-risk-assessment).

C.190 recognises ‘the right of everyone to a world of work free from violence and harassment’. The scope of protection applies regardless of contractual status and in both private and public sectors, and in the formal and informal economy. Violence and harassment impact negatively on individual and organisational health and well-being and ‘affects the quality of public and private services’.

State and employer obligations in C. 190 include risk assessment and monitoring mechanisms, and mechanisms to identify high-risk sectors, occupations, and vulnerable worker groups (Articles 8 and 9 of C190). In South Africa, the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022) aligns with these international standards, and mandates employers to conduct risk assessments and implement preventative measures, which is the context for the digital HRA/HRI tool.

Research Question

“How can the HRA/HRI digital tool be developed as a universal tool to measure risk as envisaged in C.190, and to inform strategic interventions, and monitor progress toward the achievement of international labour standards (C.190) and related SDG Indicators?”

Methodology and contribution

Quantitative and qualitative analysis of the anonymous risk assessments conducted in South African companies will provide data-driven insights into the dynamics of work culture and a deeper understanding of the extent and forms of violence and harassment experienced in the world of work; and a desktop review of literature on digital risk management in occupational safety and health management (OSHM) systems will be conducted to assess lessons for improving and scaling the digital risk assessment tool.

The use of digital risk assessment tools is in its infancy. Existing literature on OSHM digital risk management tools provides a foundation, but there is limited research on digital harassment risk assessment methodologies. The paper contributes to the emerging field of technology-enabled risk management in the implementation of labour standards by evaluating the HRA as a scalable tool for measuring and mitigating violence and harassment in the world of work.

Sexual harassment and violence remain persistent problems for women in the workplaces of many European countries. This happens despite the existence of regulatory frameworks that explicitly define and forbid it, such as the Article 4(3) of the 2004/113/EC EU-Directive, according to which sexual harassment constitutes discrimination on grounds of sex and is therefore prohibited. Indeed, broader social movements such as the global #MeToo have contributed to raise further awareness around the fact that denouncing and fighting sexual harassment and violence requires to delve beyond the conditions of legal acknowledgment for this latter to be effective.

In this sense, research has highlighted the importance of addressing the need of informing risk assessment and prevention strategies, together with the necessity to better understand how the awareness of sexual harassment and the way it operates in the workplace can shape the conditions in which reporting is more or less likely to occur. This work aims to provide a contribution in this direction by exploring the relationship between perceived discrimination and sexual harassment in the workplace in the European context, building on the argument that women’s perceptions of their working environment as discriminatory may also be critical to assessing risks and developing prevention initiatives.

We use data from the European Working Conditions Survey (2010 and 2015) to analyse the effects of female workers’ perception of discrimination on their likelihood of experiencing sexual harassment, physical violence, or multiple forms of violence. Perceptions of discrimination are assessed as perception of discrimination for gender reasons and for gender at the intersection with other aspects of inequality (age, race, sexual orientation, etc.). Results show that perceiving gender discrimination increases the likelihood of being exposed to sexual harassment, but this is especially so for women who perceive they are discriminated against also based on other aspects of inequality, who are also more likely to experience physical violence alone in addition to multiple forms of violence.

These findings offer insights into how individual perceptions of discrimination can be considered an indicator of hostile working environments and can therefore contribute to informing risk assessment and prevention programs, but also existing regulatory frameworks, with the aim of reaching the most vulnerable groups of female workers.

Maternity leave is set in 120 days by Brazilian Law, extensible by the employer to 180 days, in return for tax benefits. Paternity leave, on the other hand, is equivalent to 5 days, extensible by the same tax mechanism to 20 days. This significant difference, allied with other maternity-related fringe benefits, fuels the public perception that women are less reliable employees than men – which is used as a moral argument to justify the unlawful gender pay gap. However, an INSPER (Instituto de Ensino e Pesquisa) study shows that, considering other social security benefits for work-related accidents, work-related or non-related diseases, military service and unpaid leaves, as well as the maternity and paternity benefits, men are absent from work for 13.5 days per year on average, while women are out for 16 days by the same standards. This leaves a minor disparity of 2.5 days. So, if the discourse in detriment of female employees is not justified by data, it is important to analyse other factors that contribute to the aforementioned public perception. This paper will review legal and sociological literature on social reproduction and care economy in search for the root causes of this notion, aiming to propose effective measures to counterbalance such factors. In the current hyper-connection era shaped by narrative control, it is more relevant than ever to not only institute fair and effective labour regulations, but to reflect on their impact and impressions caused on employers, employees and society at large.

In May 2024, Belgium enacted pioneering legislation that formally recognises sex work within the realm of labour law, granting sex workers the same rights and protections as other employees. This transformative law aims to reduce discrimination and enhance safety by providing access to social security benefits, including health insurance, annual leave, sick and maternity leave, unemployment benefits, and pension rights. Additionally, it enshrines specific freedoms to safeguard sex workers' autonomy and consent, such as the right to refuse clients or specific sexual acts, and the right to discontinue services at any time.

This paper critically examines the regulatory innovations introduced by Belgium's 2024 law and assesses its potential impact on advancing decent work for sex workers. The research is guided by three primary questions: (1) What are the key elements of the new legislation? (2) To what extent does the law address the specific needs for protection of sex workers, particularly concerning health and safety at work, access to social security, and what are its limitations? (3) What challenges may arise in the enforcement of labour rights by sex workers, especially for marginalized groups within the sex work industry?

Findings suggest that the law represents a significant advancement in recognizing sex work as legitimate labour, improving not only the working conditions of sex workers but also contributing to their de-stigmatisation. However, sex workers will face several changes in the effective implementation of their labour rights. Like other precarious workers, sex workers will continue to face barriers related to immigration status, bureaucratic exclusion, limited access to collective bargaining, as well as reduced visibility and social location at the intersection of multiple axes of inequality. Moreover, several specific challenges persist for online sex workers, ranging from legal qualification as employee, to platform control over earnings and contents and privacy risks. Against this background, targeted strategies will be needed to ensure that the rights enshrined in the legislation are accessible to all sex workers.

This paper contributes to the current labour law literature by providing one of the first in-depth analyses of Belgium’s regulatory shift, highlighting its potential to serve as a model and to stimulate a discussion at the European and International level on the opportunity to recognise sex work as work and to address the decent work deficits faced by sex workers.