Acoso laboral en el sector público: un análisis de la efectividad en la legislación ecuatoriana

Abstract

Workplace harassment, also known as mobbing, constitutes a form of persistent psychological violence that affects the dignity, health, and performance of workers. In this context, Ecuador has implemented legislative measures to reduce this problem, which has been particularly prevalent in the public sector, where hierarchical relationships, job stability, and bureaucracy can create favorable conditions for its occurrence. This article analyzes the effectiveness of Ecuadorian legislation in preventing, punishing, and redressing workplace harassment within the public sector, based on a review of doctrine, regulations, and jurisprudence. It examines international instruments such as ILO Convention 190 and its incorporation into the national legal framework, as well as the provisions of the Labor Code, the Organic Law on Public Service (LOSEP), and the Comprehensive Organic Criminal Code. It also evaluates the performance of institutions responsible for the protection of labor rights, such as the Ministry of Labor and judicial bodies. The findings reveal regulatory gaps, weaknesses in reporting mechanisms, and limited effective enforcement of sanctions, which limit the guarantee of safe work environments. The findings conclude with the need to strengthen regulations, train public servants in harassment prevention, and establish comprehensive policies that promote an institutional culture based on respect, equality, and the protection of human rights at work.