Introduction
This article discusses how domestic violence can spill over into the workplace and what practical steps can be taken in the workplace. While domestic violence can affect the workplace, only fairly recently has it been recognised as an issue that should be addressed as part of measures to eliminate violence and harassment at work.
What is domestic violence
In 2011 a Council of Europe convention defined domestic violence as ‘All acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence as the victim’[1] [2]. An ETUC publication on workplace harassment and violence against women this states that ‘Domestic violence includes physical and other forms of coercive and emotional/psychological control and threats, such as control over social interactions, control of autonomy, control of children or control of money, which have profound psychological consequences and impact on a woman’s confidence in her ability to leave a violent relationship’[3]. The majority of incidents of domestic violence involve male perpetrators and female victims. For example, in the UK in the year ending March 2018, nine times more women than men were killed by their partner or ex-partner[4]. However, men can experience domestic violence from female partners or ex-partners and it can occur in same-sex relationships or former relationships.
Effects of domestic violence in the workplace
Domestic violence is a workplace issue if a victim is harassed, threatened or stalked at work by a partner or ex-partner[5], which can have a significant impact on her capacity to get to work, to work effectively and to stay in her job. It can cause stress and affect the morale of those workers who witness such behaviour by a colleague’s partner or ex-partner or fear witnessing such behaviour. Colleagues may answer an abusive phone call and it could also put them in physical danger, for example, if an angry partner turns up at the workplace. The partner or ex-partner may work in the same workplace. Therefore, it may not only affect the performance of tasks but the whole atmosphere of the workplace, negatively affecting the victim, co-workers and the organization[6] [7] [8]. If the place of work is open to members of the public, such as a school or hospital, it can have an effect on the service provision and those who use it.
Domestic violence as a workplace issue
Domestic violence is a relatively new workplace bargaining issue that has the effect of widening the reach of the employment relationship by recognising the interconnection between work and private life[9]. Some government authorities do formally recognise it in law as a workplace issue, for example, Australia, New Zealand and Ontario in Canada. For example, amendments to Ontario’s Occupational Health and Safety Act in 2009[10] require employers in the Canadian province to take reasonable precautions to protect employees from domestic violence in the workplace. Article 32.0.4 on domestic violence states “If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker.” In Europe, laws in Italy, Ireland, Spain and Northern Ireland have been passed to provide paid domestic violence leave and workplace protections[11].
In other countries, workplace policies and collective bargaining agreements in the workplace have been adopted[12] [13]. Where domestic violence is covered in national collective agreements and workplace agreements and procedures, this may be as an occupational safety and health issue or as part of an agreement on workplace equality[14]. In some EU Member States, companies over a certain size are required to have gender equality plans[15] and health and safety issues such as third-party violence and specifically domestic violence could be included in these plans.
The ETUC[16] report includes details of the legal framework on domestic violence and domestic violence at work in eleven EU Member States and gives examples of collective agreements and workplace policies. For example,
- In France, the Gender Equality Plans of the Ministries of Finance and Economy refer to violence in the workplace and to the responsibility of HR staff and managers to have tools to prevent domestic violence at work.
- In Spain, the Organic Law 1/2004 on protection against domestic violence seeks to combat acts of violence that are considered discriminatory, and includes measure to enable victims of domestic violence to remain in work. An example of a collective agreement comes from energy company Ednesa, which provides for revised and flexible working hours, social care, legal assistance, protection orders and counselling for victims.
The EU-OSHA Discussion Paper on domestic violence in the workplace[17] lists further examples of employer led and jointly negotiated workplace policies and collective bargaining agreements. Some highlights include:
- The development of an employer-led global workplace policy by the telecoms company Vodafone which provide workplace support, 10 days paid domestic violence leave and training for managers, covering several European markets including Italy, Czech Republic, Germany, Spain and Ireland (Vodafone)
- The creation of the OneInThreeWomen in France, led by Kering Foundation, to inspire companies to take action to support employees who are surviving domestic violence and play a wider role in ending violence against women. By 2022, 15 companies had joined the network and had made commitments to provide support to survivors of domestic violence (L'Oréal, Korian, BNP Paribas, Carrefour, the OuiCare Solidarity Fund, SNCF, Publicis, Pwc, L'Epnak, Orange, Superga Beauty, Air France, l'Agence Française de Développement and Sanofi).
- Agreements signed in Italy between employers and unions in the woodworking, motor, telecoms and public sectors implement the law providing for workplace protection and up to 3 months paid domestic violence leave.
- The collective agreement for the Spanish energy company Endesa Group and the UGT union, of 23 January 2020, providing for revised and flexible working hours, social care, legal advice and assistance, protection orders and counselling, psychological support and medical care, and financial support. Special leave of absence is available of between 3 months and 3 years.
- The inclusion of domestic violence in a European social partner agreement in the government sector on digitalisation in 2022 by the European employers (EUPAE) and unions (TUNED).
Estimates by the European Institute for Gender Equality (EIGE) show a high economic cost to not addressing domestic violence at work, in terms of lost productivity, absence from work and lost jobs[18] .
ILO Convention 190 and Recommendation 206 in relation to domestic violence at work
In June 2019, ILO Violence and Harassment Convention No.190[19] was adopted and the impact of domestic violence on the world of work is included in the Convention. Countries who ratify the Convention undertake to adopt the measures set out in the Convention. As EU countries ratify the agreement there will be an increase in measures in Europe regarding domestic violence in the workplace. The ILO lists countries[20] who have ratified the convention and in Europe they include Albania, Italy, Spain, Greece and the UK, while most EU Member States have already put in plans to ratify the Convention.
ILO Convention No.190 recognises that violence and harassment at work can be a human rights violation or abuse, posing a threat to equal opportunities. It defines “violence and harassment” as behaviours, practices or threats “that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm.”
The Premable to ILO Convention notes that “…domestic violence can affect employment, productivity and health and safety, and that governments, employers’ and workers’ organisations and labour market institutions can help, as part of other measures, to recognise, respond to and address the impacts of domestic violence”.
According to Article 10 (f) of the Convention, governments should take appropriate measures to “recognize the effects of domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of work”.
Article 9 (c) of the Convention calls for “the identification of hazards and assessment of the risks of violence and harassment, with the participation of workers and their representatives, and take measures to prevent and control them”.
ILO Recommendation 206 provides guidance on practical measures for implementing the Convention[21], including the use of workplace risk assessments and training and awareness-raising measures. The Recommendation states that Members should take appropriate measures to: promote the effective recognition of the right to collective bargaining at all levels as a means of preventing and addressing violence and harassment and, to the extent possible, mitigating the impact of domestic violence in the world of work. Appropriate measures to mitigate the impacts of domestic violence in the world of work referred to in Article 10(f) of the Convention could include:
- leave for victims of domestic violence;
- flexible work arrangements and protection for victims of domestic violence;
- temporary protection against dismissal for victims of domestic violence, as appropriate, except on grounds unrelated to domestic violence and its consequences;
- the inclusion of domestic violence in workplace risk assessments;
- a referral system to public mitigation measures for domestic violence, where they exist;
- awareness-raising about the effects of domestic violence.
European Union policy
In the European Union employers are obliged to carry out workplace health and safety risk assessments to determine preventive measures to make work safer and healthier. This obligation arises from European Framework directive on the safety and health of workers at work[22], which is implemented in national legislation by each Member State of the EU. It applies to all work-related hazards and risks, including third-party violence and work-related stress. This tool of risk assessment could be applied to domestic violence as well, as proposed in ILO Recommendation 206. In addition, European Directive 2006/54/EC[23] covers the equal treatment of women and men regarding employment and occupation.
In 2007 a European Autonomous Framework Agreement on Violence and Harassment at Work was agreed between the European social partners[24] [25]. The Agreement includes a definition of violence and harassment, including sexual harassment, and sets out measures to prevent, manage and eliminate violence at work. While it does not mention domestic violence explicitly, it provides the basis for sector agreements at the EU-level and agreements at the national level.
The Directive on common minimum standards on the rights, support and protection of victims (2012/29/EU)[26] and the associated European Strategy on Victim’s Rights (2020-2025)[27] contains some important measures for women victims of violence.
Furthermore, the Proposed Directive on Violence Against Women and Domestic Violence[28] also recognises the importance of domestic violence as a workplace issue, and refers to the importance of workplace risk assessment.
The European Union has co-funded various projects on domestic violence in the workplace through its Daphne III programme[29], resulting in guidelines, training and workplace policies. Various social partner initiatives have also resulted in the further recognition of domestic violence as a workplace issue, including the recent social partner agreement in the government sector on digitalisation[30] and the agreement amongst the social partners to update the 2010 Multi-Sectoral Guidelines on Third-Party Violence[31] to include new world of work issues such as domestic violence.
European Member States that ratify ILO Convention 190 will be undertaking to “recognize the effects of domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of work’, if they do not already do so.” The European Commission is encouraging EU Member States to ratify the convention[32]. However, there first needs to be a Council Decision in place allowing Member States to ratify the convention at national-level, as it touches on EU competences. A European Council Decision for EU accession to C190 is still pending, based on the Proposal for a Council Decision authorising Member States to ratify, in the interest of the European Union, the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organisation.
Features of agreements and workplace policies on domestic violence at work in Europe (as addressed in EU-OSHA’s Discussion Paper on domestic violence in the workplace (2023))
Features of agreements and workplace policies on domestic violence at work in Europe (as addressed in EU-OSHA’s Discussion Paper on domestic violence in the workplace (2023))[33]
- Definitions of domestic violence, including physical, sexual, psychological, financial violence, and coercive control, and how it impacts the workplace.
- Confidentiality, non-discrimination and non-retaliation against employees.
- Clear roles and responsibilities for managers, including a named contact point in HR and/or person of trust/advocate to provide confidential information for workers.
- Protocols and safety measures on support in different work situations, including in customer-facing roles and in teleworking / remote and hybrid working.
- Paid leave (current legal benchmarks in Europe range from 10 days to 3 months paid leave per annum), which can be taken flexibly, extended in exceptional circumstances, and linked to reintegration support following a period of leave.
- Flexible working time and/or changes in work shifts, agreed for a defined period of time to protect the safety of workers during working hours.
- Adjustments to work tasks, including agreed temporary reduction in work tasks, and support with geographical re-location if a worker needs to move for the safety of herself and her family.
- Financial support and advice, loans/salary advances for employees, and assistance with safe/emergency housing.
- Inclusion of domestic violence in workplace risk assessments, along with guidance for joint occupational safety and health committees on gender-responsive risk assessment.
- Individualised risk assessment and safety plan to address risks of violence and harassment for a worker and co-workers in the workplace from a former or current intimate partner.
- Workers who have police/court mandated emergency barring, restraining and protection orders are assisted with practical safety planning if there is a risk that the order will be breached.
- For companies that are in a position to support customers or clients affected by domestic violence, draw up guidance, communicate and raise awareness with customers about preventing domestic violence, including digital safety and advice relating to financial abuse.
- Partnership(s), including funding, for local or national domestic violence organisation(s) for referrals, advice, guidance, training and information, and to ensure that companies contribute to the wider social goal to end of domestic violence.
Safety measures an employer can provide suggested by PSHSA (Canada)
The Canadian Public Services Health and Safety Association (PSHSA)[34] has published a guide on domestic violence and work. Among the safety measures suggests in the guide that an employer could provide are:
- a policy on domestic violence
- education materials about help available to victims and abusers, displayed in accessible areas; lists of internal and community resources and a list of external support services for victims, abusers, co-workers and witnesses
- policies about paid time off, extended leaves of absence and workplace relocation for victims of domestic violence, as well as accountability measures for abusers in the organization
- procedures for handling an incident/potential incident and dealing with the perpetrator, including clear and simple steps to be taken if domestic violence enters the workplace by managers, security personnel, co-workers etc.. Simple elements could include: when police are to be called and when doors should be locked; pre-programming telephones with emergency contact numbers, installing desk or wall panic buttons, providing personal alarms and creating code words or phrases to indicate a potential situation
- a reporting, investigation and follow-up procedure
- disclosing information on a “need to know” basis to protect confidentiality while ensuring worker safety
- assistance in developing a personal support and workplace safety plan - which could include flexible work hours or workload, security escorts to vehicles, extended leave periods, personal alarms, cell phone with direct dial to 911, etc.
- training and education about domestic violence
- training for staff on measures procedures for the prevention of workplace violence including domestic violence. Training should encompass identification of domestic violence, communication and de-escalation techniques.
These measures on domestic violence are comparable and compatible with recommended measures to prevent third-party violence from clients and other members of the public in the course of work.
Sources of information
European Institute for Gender Equality (EIGE) library: https://eige.europa.eu/library?t=domestic+violence
European Institute for Gender Equality (EIGE) webpages on gender-based violence https://eige.europa.eu/gender-based-violence
