Protocolo para Erradicar la Violencia y el Acoso Laboral en el GAD Municipal de Cuenca: Implementación y Mejora

Abstract

This research examines workplace harassment in the Cuenca Municipal Autonomous Government (GAD) and places it within the evolution of Ecuadorian regulations and international human rights standards. It shows how this phenomenon, also known as mobbing, impacts not only the health and dignity of workers but also the institution's performance and public trust. From this context, the central focus is the need to update and refine the municipal protocol approved in 2021/2022 to adapt it to the 2017 and 2024 reforms and ILO Convention 190. The theoretical framework develops a conceptualization of harassment from psychological, legal, and organizational perspectives, distinguishing typologies such as horizontal harassment, upward vertical harassment, downward (bossing), and mixed harassment. It also identifies characteristic groups of behaviors ranging from social isolation to devaluation of functions and attacks on health. It also examines the main regulatory instruments, including the Constitution, the Labor Code, the LOSEP (Spanish Labor Code), and the 2024 Reforming Organic Law, along with the role of labor inspectors and competent authorities. It emphasizes the importance of having effective internal protocols. The findings recognize that the municipal protocol presents significant advances, such as its broad coverage and the incorporation of principles of equality, confidentiality, and non-revictimization. However, they also reveal deficiencies in aspects such as the availability of resources, staff training, the functioning of reporting mechanisms, and the proportionality of the imposition of sanctions.