Análisis de la posible vulneración de derechos constitucionales en relación a la prueba en el acoso laboral

Abstract

Labor harassment is a problem with significant incidence worldwide, which is why several countries address it within their legal system. In this sense, this document was focused on analyzing the alleged violation of constitutional rights in a case of workplace harassment, as well as the most suitable means of proof to demonstrate this action. To this end, this research was developed employing doctrinal bibliographic analysis and historical-logical, analytical, and propositional legal methods. Through them, it was possible to study several laws and regulations issued in the country, such as the Organic Reformatory Law to the Organic Law of the Public Service and the Labor Code (2017). The latter establishes that this action is a cause for termination by attacking the person's integrity physically and psychologically. Thus, it could be corroborated that at the moment in the country, there is no legal guarantee since there are still no unique and effective processes focused exclusively on labor harassment and termination. Furthermore, there is a violation of the right to defense because, at the moment, there are no adequate means or the right time to carry out this process. Likewise, the right to a healthy work environment is violated, as well as many other rights specific to each case.