Analysis of due process in complaints of workplace harassment in the Guayas Labor Inspectorate in the private sector in the years 2020-2023

Abstract

Workplace harassment is a recent figure in Ecuador, which impacts the worker-employer relationship, affecting the work environment and harmony between the actors involved. This research aims to analyze compliance with the right to due process in complaints of workplace harassment within the private sector in the province of Guayas, specifically between the years 2020 and 2023. The study focuses on the complaints substantiated by the Labor Inspectors of Guayaquil, evaluating the effectiveness of the implementation of this fundamental right in the processing of these procedures. Analytical, qualitative, quantitative, statistical and comparative approaches were used, which allowed a comprehensive view of the problem. The results reveal the existence of regulatory gaps and practices within the harassment complaint procedures that allow violations of the right to due process, which affects impartiality, transparency and equity. It is concluded that there is a need to create a new law, in order to guarantee due process and in this way the procedures are more fair, clear and effective for people affected by this problem, especially in the private sphere.