The Organic Law of Public Service and the Labour Code have incorporated a new and important concept into labour legislation, one that must be taken into account by both private companies and public institutions. Following Article 46 of the Labour Code and Article 24 of the Organic Law of Public Service, an unnumbered article was added, defining workplace harassment as:

“(…) any behavior that undermines a person’s dignity, carried out repeatedly, and potentially harmful, committed in the workplace or as a consequence thereof, against any party in the employment relationship, resulting in harm, mistreatment, or humiliation, or threatening or damaging the person’s employment situation. Harassment may be considered discriminatory when motivated by any of the grounds listed in Article 11.3 of the Constitution of the Republic, including union or guild affiliation (…).”

This definition is broad and establishes that:
i) any behavior that undermines a person’s dignity (which may vary depending on each individual),
ii) carried out repeatedly (meaning it is enough for it to occur more than once),
iii) and that may be harmful, mere potential harm is sufficient to classify it as harassment.

These behaviors must occur
iv) within the work context, whether at the workplace or in any circumstance related to work. Therefore, harassment is not limited to the physical workplace nor to working hours, but may arise from any situation connected to the employment relationship. The effects include
v) undermining, mistreating, or humiliating the other person, or creating negative consequences in the employment relationship.

Additionally, workplace harassment may carry the aggravating factor of being considered discrimination when it is based on ethnicity, race, sex, age, gender identity, cultural identity, marital status, and other grounds listed in Article 11.2 of the Constitution of Ecuador. It also includes union and guild affiliation.
This means no one may be harassed for belonging, or not belonging, to a workers’ association, and if harassment occurs on this basis, it may be treated as discriminatory.

It is essential for both private companies and public institutions to establish an internal protocol or policy regulating workplace harassment among employees or public servants, whether directors, supervisors, or coworkers, as established in Article 42, paragraph 36 of the Labour Code: employers must “implement training programs and policies aimed at identifying the different forms of workplace harassment, to prevent any form of discrimination, harassment, intimidation, or disturbance that may arise within the employment relationship between workers and employers.”