External violence: the employer’s duty to protect workers from third-party aggressions and harassment

Abstract

External violence is an occupational risk present in most companies, significantly impacting employees who work in contact with clients, although it is normalized and, to some extent, remains hidden. This study is dedicated to analyzing the employer’s duty to protect workers from third-party aggressions and harassment as an essential part of their obligation to ensure safety and health. To this end, it examines the legal foundation of this duty, which was not specifically established in Spain until the ratification of ILO Convention 190. Additionally, external violence is characterized as a foreseeable and preventable occupational risk, with an analysis of its treatment in case law and the preventive measures required to mitigate its occurrence. On this basis, a critical reflection from a gender perspective is undertaken to highlight the insufficient protection provided against external psychological and sexual violence, which predominantly affects women.