The legal figure of workplace harassment in Ecuador based on the reforms made to the labor code and the organic law of public service in 2017

Abstract

Ecuador, based on the reforms made to the Labor Code and the Organic Law of the Public Service in 2017, recognizes workplace harassment and establishes prohibitions, sanctions, procedures and measures in order to guarantee the right to work, to a life free of violence, to human dignity and personal integrity. However, only in 2020 is the respective protocol issued as one of the instruments that materialize the legal provisions without incorporating other mechanisms, this situation leads to it being a persistent and normalized practice. The general objective of this research is to study the figure of workplace harassment based on the latest reforms, for this purpose the definition, evolution and legal approach of this legal figure is reviewed; as well as the applicable tools together with the legislation to eradicate the consummation of this class of acts harmful to the rights of the worker. To meet this objective, a qualitative methodology is applied, through the analytical-synthetic and inductive-deductive method. Finally, it is argued the urgency of implementing all the necessary measures to eliminate workplace harassment within the framework of national and international regulations.