El acoso laboral, inferido al trabajador como causal de terminación de la relación laboral- factibilidad probatoria

Abstract

The present research focuses on the theoretical-practical study of the evidence on workplace harassment as a cause for termination of an employment, through the institution of approval and its evidentiary reality both in administrative headquarters and in its subsequent prosecution. The legal figure of workplace harassment constitutes several types of behaviors that undermine the dignity of the person who suffers it, behavior that may be carried out by the employer to the worker, the worker towards the employer or between workers, which has as its origin the employment relationship between the parties, whose purpose will be the voluntary dismissal of the harassed person from work, thus avoiding the compensation that untimely dismissal implies as an arbitrary and unilateral act. As workplace harassment is a conduct that violates fundamental rights, national regulations have regulated this cause differently therefore, ecuadorian law empowers the harassed person to present indications of this pernicious conduct, which places the harassed person in another evidentiary reality, then dynamic evidentiary burdens are activated, a presumption is born in favor of the harassed person and the principles that protect labor right are enhansed.