La prueba psicológica en el proceso de Visto Bueno por Acoso Laboral

Abstract

Labor harassment, also known as Mobbing, is as old as work itself, characterized by the psychological violence that can occur in the workplace. The International Labor Organization (ILO) required that all member countries include in their legislation laws that regulate and punish workplace harassment; however, in the Ecuadorian legislation, it was only contemplated in 2017 with the Reformatory Law to the Organic Law Of Public Service (LOSEP, by its acronym in Spanish) and the Labor Code, to ensure dignified treatment and non-discrimination. Guaranteeing the rights of workers and employers, the figure of "Early Termination of employment" was coined, in one of its grounds, labor harassment was added since it is an administrative process with an evidentiary moment, this cause could be justified with a psychological test, for a favorable resolution, among other evidence with an expert report containing one or more of the diagnoses of the paragraph Z56 of the problems related to employment and unemployment, given that there is no labor harassment in the codification of the International Statistical Classification of Diseases and Health-Related Problems Tenth Edition (ICD-10). Nevertheless, according to interviews with psychologists, experts, and labor inspectors, this psychological diagnosis is considered reliable evidence provided that it meets specific requirements to prove mobbing at work.