The Ministry of Labor issued the Ministerial Decree that regulates the process of reporting cases of discrimination, workplace harassment and all forms of violence against women in the workplace. The Decree also includes the “Protocol for the Prevention and Handling of Cases of Discrimination, Workplace Harassment and all Forms of Violence against Women in the Workplace.”[1] The regulations mainly establish the following:
- Public sector institutions and entities and private sector employers shall prevent discrimination, workplace harassment and all forms of violence against women in the workplace.
- Workers may report any misconduct they feel they are victims of in the employment relationship.
- Employers must adapt their internal regulations in accordance with the precepts established in the “Protocol for the Prevention and Handling of Cases of Discrimination, Workplace Harassment and/or all Forms of Violence against Women in the Workplace.”[2]
- The Program for Psychosocial Risk Prevention and the “Protocol for the Prevention and Handling of Cases of Discrimination, Workplace Harassment and/or all Forms of Violence against Women in the Workplace” must be registered, implemented, and reported on to the Ministry of Labor every year.
- Employers subject to the Labor Code regime will have 60 days to issue and disclose the protocol; that is, until January 25, 2021.
Protocol for the Prevention and Handling of Cases of Discrimination, Workplace Harassment and/or all Forms of Violence against Women in the Workplace
- Employers must implement a protocol that includes prevention measures, policies that promote a good work climate and that seek to prevent discriminatory treatment, workplace harassment and all forms of violence against women in the workplace. Workshops and campaigns on issues related to the prevention of discrimination, workplace harassment and all forms of violence against women in the workplace are included as part of the prevention measures.
- Employers must handle cases of discrimination, workplace harassment and violence at work by seeking protection, confidentiality, impartiality, and restitution of the victims in the process.
- Any internal complaint must have a process for investigation and penalty if confirmed. Penalties shall be applied in accordance with the provisions of their Internal Regulations. Conducts reported as workplace harassment will be assessed and are grounds for requesting approval for dismissal (visto bueno).
- Victims of discrimination, workplace harassment or violence will have support for the full restoration and performance of their work and will even receive the necessary psychological help if needed.
Complaints in the event of discrimination, workplace harassment or violence by workers subject to the Labor Code
- Workers who feel affected may, at any time, file a digital complaint through the Work System (SUT), or a physical one through the citizen services counter.
- Once the complaint is received, it must be brought before the Labor Inspector.
- If it is determined that the aggression took place, it will be sanctioned according to the Internal Labor Regulations and the grounds for approval for dismissal established by law.
- If it was the employer who committed the acts, they will be sanctioned.
- If the employer is not a party to the aggressions, they must prove that they did not know the facts and that they have implemented and executed the Program for Psychosocial Risk Prevention and the “Protocol for the Prevention and Handling of Cases of Discrimination, Workplace Harassment and/or all Forms of Violence against Women in the Workplace” to be absolved from liability by omission.
- If the employer has not implemented the protocol or has not implemented and executed the Program for Psychosocial Risk Prevention, the Inspector shall inform the Occupational Health and Safety and Integrated Risk Management Office and the company may be sanctioned.
[1] [2] Ministerial Decree No. MDT- 2020 – 244 signed on November 25, 2020, available at: http://www.trabajo.gob.ec/acuerdos-ministeriales/
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