By means of Official Gazette No. 559 with publication date May 16, 2024, the Organic Reformatory Law for the Eradication of Violence and Harassment in all Work Modalities enters into force, after its approval by the National Assembly on May 8, 2024. This law has a couple of particularities, and it will modify different sections of the Labor Code and the Organic Law of the Public Service (LOSEP). In addition, it embodies in our legislation the right to disconnection.
There is no doubt that the spirit of this regulation is based on the principle of progressiveness of the worker and seeks to establish procedures to prevent harassment and bullying, as well as to define the channels, forms and substantiation of complaints and denunciations of violence or harassment in the workplace. Although the labor legislation defines in a certain way some figures, such as harassment, it does not do so with total accuracy or in detail. In this regard, and having found these deficiencies, the legislator has decided to be clearer with the definitions.
This law individually defines violence and harassment in the workplace, and also establishes those behaviors that are not acceptable in the work environment. It is emphasized that repetition is not necessary and that a single occurrence is sufficient to constitute acts of violence or harassment. Harm can be physical, psychological, sexual, political, economic, patrimonial, symbolic or digital against workers.
Rest is another right that, through this law, is broadened in scope. From this right derives the right to disconnection, and not allowing an employee to disconnect digitally will be considered as harassment at work. Rest, vacations and leaves of absence are cases in which this figure may operate at the initiative of the affected worker. This type of cases, as well as the invasion of personal privacy, shall be assessed by the competent labor authority; its officials shall take the necessary precautions to avoid the re-victimization of the complainants.
The approval of the Organic Reform Law for the Eradication of Violence and Harassment in all Forms of Work marks an important step forward in the protection of labor rights in Ecuador. This law not only introduces the right to digital disconnection and redefines the forms of violence and harassment in the workplace, but also broadens the scope of protection to include interns, trainees, volunteers and job applicants.
In addition, the standard establishes clear procedures to prevent and address workplace violence and harassment, as well as administrative and financial penalties for employers in proven cases. Therefore, comprehensive auditing and training on this law are essential for the country's companies to adapt to this new labor legislation.
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