Los conflictos de legalidad y legitimidad de la prueba al momento de resolver y configurar el acoso laboral

Abstract

Workplace harassment is a growing global problem that threatens the dignity and integrity of people and has negative consequences on the quality of life of the worker. In harmony with international regulations, the Ecuadorian state has implemented public policies and has incorporated affirmative action measures in its internal legislation to guarantee the effective enjoyment of the rights to protect the worker from workplace harassment. In this research, the legislations that have autonomously defined the figure of workplace harassment are reviewed and the differences around its classification and burden of proof and its reversal are established; with main emphasis on the Ecuadorian labor system. A documentary bibliographic review was carried out, in which the historical-logical, comparative and inductive-deductive methods were applied simultaneously, focused on determining the scope and protection of the rights of those who are immersed in a relationship. work, and the conflicts of legitimacy and legality of the test at the time of resolving and configuring workplace harassment in the Ecuadorian legal framework.