Acoso laboral, salud mental y rendimiento laboral revisión jurídica

comparada entre Ecuador y Colombia

J. Law Epistemic Stud. (2026) 4: e179

https://doi.org/10.5281/zenodo.21197683

ISSN 3091-1575

REVIEW ARTICLE

Workplace harassment, mental health, and job performance a comparative

legal review of Ecuador and Colombia

 Fatsi S. Cedeño-Roldán

[email protected]

Universidad San Gregorio de Portoviejo. Ecuador.

Received: 20 April 2026 / Accepted: 30 May 2026 / Published online: 30 June 2026

Fatsi S. Cedeño-Roldán

Darley G. Mero-Tituana

Abstract Workplace harassment is one of the main psychoso-

cial problems aecting employee well-being and organizational

productivity. Its presence generates negative consequences for

both victims and institutions, causing psychological, physical, and

occupational harm. The objective of this research was to analyze,

based on scientic literature and the Ecuadorian legal framework,

the main eects of workplace harassment on the mental health and

performance of workers, as well as existing challenges for worker

protection in Ecuador. This analysis was complemented by a legal

comparison with Colombian legislation. The research was conduct-

ed through a structured review of scientic literature, supplement-

ed by a normative and jurisprudential analysis of the Ecuadorian

framework and a legal comparison with Colombian legislation. A

qualitative methodology based on bibliographic, normative, and

jurisprudential analysis was used. The results showed that work-

place harassment is consistently associated with stress, anxiety,

depression, emotional exhaustion, decreased work performance,

absenteeism, and a deteriorating organizational climate. The legal

analysis established that, although Ecuador has constitutional and

labor protections against harassment, there are limitations in the

implementation of preventive and protective mechanisms. It con-

cludes that it is essential to strengthen the mechanisms, institutional

protocols, and public policies aimed at protecting the mental health

of workers.

Keywords workplace harassment, mobbing, mental health, job

performance, labor law, psychosocial risks.

Resumen El acoso laboral constituye una de las principales pro-

blemáticas psicosociales que afectan el bienestar de los trabajadores

y la productividad organizacional. Su presencia genera consecuen-

cias negativas tanto para las víctimas como para las instituciones,

provocando afectaciones psicológicas, físicas y laborales. El objeti-

vo de la investigación fue analizar, a partir de la literatura cientíca

y del marco jurídico ecuatoriano, los principales efectos del acoso

laboral sobre la salud mental y el rendimiento de los trabajadores,

así como desafíos existentes para la protección de los trabajadores

en Ecuador, complementando dicho análisis con una comparación

jurídica respecto de la legislación colombiana. La investigación se

desarrolló mediante una revisión estructurada de literatura cientí-

ca, complementada con el análisis normativo y jurisprudencial del

marco ecuatoriano y una comparación jurídica con la legislación

colombiana. Se utilizó una metodología cualitativa basada en el

análisis bibliográco, normativo y jurisprudencial. Los resultados

evidenciaron que el acoso laboral se asocia de manera consistente

con estrés, ansiedad, depresión, agotamiento emocional, disminu-

ción del rendimiento laboral, absentismo y deterioro del clima or-

ganizacional. El análisis jurídico permitió establecer que, aunque

Ecuador cuenta con protección constitucional y laboral frente al

acoso, existen limitaciones en la implementación de mecanismos

preventivos y de protección. Se concluye que es indispensable for-

talecer los mecanismos, los protocolos institucionales y las políticas

públicas destinadas a proteger la salud mental de los trabajadores.

Palabras clave acoso laboral, mobbing, salud mental, rendimiento

laboral, derecho laboral, riesgos psicosociales.

How to cite

Cedeño-Roldán, F. S., & Mero-Tituana, D. G. (2026). Workplace harassment, mental health, and job performance a comparative legal review of Ecuador and

Colombia.. Journal of Law and Epistemic Studies, 4, e179. https://doi.org/10.5281/zenodo.21197683

Universidad San Gregorio de Portoviejo. Ecuador.

Abogada en libre ejercicio de la profesión. Ecuador.

J. Law Epistemic Stud. (2026) 4: e179

Introduction

Work is one of the fundamental pillars of individuals’

economic, social and personal development. Through work,

people not only obtain resources to satisfy their basic needs

but also build their professional identity, strengthen social

relationships and develop a sense of belonging within soci-

ety. However, when working conditions are marked by vio-

lence, harassment or intimidation, work can become a source

of physical and psychological suering that seriously aects

workers’ quality of life.

In this context, workplace harassment, also known as

mobbing, has been internationally recognised as one of the

main psychosocial problems in modern work environments.

This phenomenon involves repeated acts of harassment, hu-

miliation, intimidation, isolation or discrediting directed at a

worker with the purpose of undermining their dignity, dam-

aging their emotional stability or forcing them to leave their

job (Einarsen et al., 2020).

The importance of studying workplace harassment lies in

the fact that its consequences go beyond the strictly occu-

pational sphere and aect dierent dimensions of people’s

lives. Victims often experience signicant mental health

problems, such as anxiety, depression, chronic stress, sleep

disorders and emotional exhaustion. These eects also nega-

tively aect job performance, leading to reduced productiv-

ity, increased absenteeism and deterioration of the organisa-

tional climate (Galanis et al., 2024).

The World Health Organization (WHO) has stated that

mental health is a state of well-being that enables people to

cope with the normal stresses of life, work productively and

contribute to their community (World Health Organization

[WHO], 2024). However, when workers are constantly ex-

posed to hostile environments or situations of psychological

violence, this balance is compromised, generating conse-

quences that may last for years.

According to the World Health Organization and the In-

ternational Labour Organization, approximately 15% of

working-age adults experience a mental disorder related to

work-associated factors. In addition, depression and anxi-

ety are estimated to cause the loss of around twelve billion

working days each year worldwide, representing economic

losses exceeding one trillion dollars annually due to reduced

productivity (World Health Organization & International La-

bour Organization, 2022).

Workplace harassment has become increasingly relevant

in recent decades due to changes in organisational dynam-

ics and forms of business management. Work intensication,

labour competitiveness, rigid hierarchical relationships and

decient prevention policies have contributed to the emer-

gence of work environments where harassment behaviours

can develop with relative ease (Nielsen et al., 2023).

From a legal perspective, workplace harassment consti-

tutes a direct violation of fundamental rights such as human

dignity, equality, personal integrity, health and the right to

decent work. For this reason, several international organi-

sations have promoted the adoption of regulatory instru-

ments aimed at preventing and sanctioning these behaviours.

Among them, International Labour Organization Convention

No. 190 stands out, recognising the right of every person to

perform their work in environments free from violence and

harassment (International Labour Organization, 2019).

In Ecuador, the legal recognition of workplace harassment

has advanced signicantly in recent years. The Constitution

of the Republic guarantees the protection of human dignity

and prohibits all forms of discrimination and violence in the

workplace. Likewise, amendments to the Labour Code have

expressly recognised workplace violence and harassment as

prohibited conduct within employment relationships.

Despite these legislative advances, several studies indicate

that workplace harassment remains prevalent in both pub-

lic and private institutions. The absence of specialised pro-

tocols, victims’ fear of reporting due to potential retaliation

and insucient training on prevention are among the main

barriers to eectively addressing this phenomenon (Cedeño

Roldán, 2022).

Furthermore, recent research has shown that the conse-

quences of workplace harassment extend beyond direct vic-

tims and aect organisations as a whole. When workers ex-

perience stress, anxiety or emotional exhaustion, their ability

to concentrate declines, the likelihood of errors increases and

their commitment to organisational objectives is signicant-

ly reduced (Bhoir & Sinha, 2024).

Across Latin America, several countries have introduced

specic legal mechanisms to address workplace harass-

ment. Colombia stands out with Law 1010 of 2006, widely

regarded as one of the region’s most comprehensive legal

frameworks for the prevention and sanction of workplace

harassment. This legislation has enabled the implementation

of workplace coexistence committees, intervention proto-

cols and specialised mechanisms for resolving workplace

conicts.

By contrast, Ecuador continues to face signicant chal-

lenges in the eective implementation of its existing le-

gal provisions. The lack of robust preventive mechanisms

and the limited culture of reporting highlight the need to

strengthen public policies aimed at protecting workers from

workplace violence.

Although the eects of workplace harassment on mental

health and job performance have been widely documented in

the international literature, relatively few studies have inte-

grated this evidence with an analysis of the Ecuadorian legal

framework and a comparison with preventive mechanisms

adopted in other Latin American countries, particularly Co-

J. Law Epistemic Stud. (2026) 4: e179

lombia. Consequently, there remains a need for an interdis-

ciplinary assessment combining scientic evidence with le-

gal analysis to identify the strengths and limitations of the

Ecuadorian system for preventing and addressing workplace

harassment.

Accordingly, this study aims to analyse, based on the sci-

entic literature and the Ecuadorian legal framework, the

main eects of workplace harassment on mental health and

job performance, as well as the existing challenges in worker

protection in Ecuador, complemented by a comparative legal

analysis of Colombian legislation.

The signicance of this research lies in its integration of

scientic evidence on the eects of workplace harassment

with an examination of the Ecuadorian legal framework and

a comparison with the Colombian experience, providing

evidence-based insights to strengthen prevention strategies,

protect workers’ mental health and promote safe and digni-

ed working environments.

Methodology

This study was conducted through a structured review of

the scientic literature on workplace harassment, mental

health and job performance, complemented by a normati-

ve and jurisprudential analysis of the Ecuadorian legal fra-

mework and a focused comparative legal analysis of Colom-

bian legislation.

A qualitative research approach was adopted to analyse

and interpret doctrinal, scientic, legal and jurisprudential

sources related to workplace harassment and its eects on

workers’ mental health and job performance. Qualitative re-

search is particularly appropriate for understanding complex

social phenomena from a holistic perspective by considering

the meanings, interpretations and contexts in which they oc-

cur (Hernández-Sampieri & Mendoza, 2023).

This approach was considered appropriate because it ena-

bled a comprehensive examination of the dierent manifes-

tations of workplace harassment and their psychological,

organisational and legal implications within the Ecuadorian

context (Arias, 2020).

The legal analysis involved a doctrinal, normative and

jurisprudential examination of the Ecuadorian legal fra-

mework governing workplace harassment in order to de-

termine the scope of legal protection aorded to workers’

rights. The analysis focused on the Constitution of the Re-

public of Ecuador (2008), the Ecuadorian Labour Code, In-

ternational Labour Organization Convention No. 190, and

Judgment No. 986-19-JP/21 of the Constitutional Court of

Ecuador. This analysis made it possible to assess the legal

scope of the current regulatory framework and the level of

protection provided against workplace violence.

A comparative legal approach was subsequently adopted

to examine the similarities and dierences between the Ecua-

dorian and Colombian legal frameworks concerning wor-

kplace harassment, with particular emphasis on regulatory

provisions, preventive measures and sanctioning mechanis-

ms. Special attention was given to Colombian Law 1010 of

2006, widely recognised as one of the most comprehensive

legal frameworks in Latin America for the prevention and

sanction of workplace harassment. This comparison facilita-

ted the identication of best practices that could inform futu-

re improvements to the Ecuadorian legal framework.

The primary data collection technique consisted of a struc-

tured documentary review of scientic literature, legisla-

tion and case law. Scientic evidence related to workplace

harassment, occupational mental health, job performance

and workers’ legal protection was systematically collected,

screened and analysed.

To ensure methodological rigour, a systematic search, se-

lection and analysis process was conducted between January

and February 2025 using internationally recognised acade-

mic databases, including Scopus, Web of Science, SciELO,

Redalyc and Dialnet.

Studies were retrieved through combinations of Spanish

and English keywords using Boolean operators. The main

search strings included: “acoso laboral” AND “salud men-

tal”, “mobbing” AND “job performance”, “workplace ha-

rassment” AND “mental health”, “violencia laboral” AND

“riesgos psicosociales”, and “workplace bullying” AND

“employee well-being”.

The inclusion criteria comprised peer-reviewed articles

published between 2020 and 2025, studies examining the

psychological and occupational eects of workplace harass-

ment, current legal instruments and relevant case law from

Ecuador and Colombia. Duplicate publications, non-peer-re-

viewed documents, unveriable grey literature and studies

unrelated to the research objectives were excluded.

The search initially identied 127 records. Following du-

plicate removal and the application of the eligibility criteria,

42 documents were included in the nal analysis, forming

the scientic and legal basis for the results and discussion.

Table 1. Documentary search strategy

Database Main Search Keywords

Period

Covered

Scopus

Workplace harassment

AND mental health

2020–2025

Web of

Science

Workplace bullying AND

job performance

2020–2025

SciELO

Workplace harassment

AND mental health

2020–2025

Redalyc

Workplace violence AND

job performance

2020–2025

Dialnet

Mobbing AND labour

law

2020–2025

J. Law Epistemic Stud. (2026) 4: e179

Table 2. Document Selection Process

Stage

Number of

Documents

Records identied 127

Duplicate records removed 31

Records screened by title and

abstract

Records excluded 54

Full-text documents included in

the nal analysis

In addition to scientic publications, reports issued by

international organisations, including the World Health Or-

ganization (WHO), the International Labour Organization

(ILO) and the Economic Commission for Latin America and

the Caribbean (ECLAC), were reviewed to provide contex-

tual and institutional evidence.

A documentary analysis of the Ecuadorian and Colombian

legal frameworks governing workplace violence and harass-

ment was also conducted. This analysis examined the legal

provisions applicable to workplace harassment, identifying

the principal preventive, protective and sanctioning mecha-

nisms established in each jurisdiction.

Table 3. Main Studies Included in the Literature Review

Author(s) Year Country Study Design Main Findings

Galanis et al. 2024 Greece Meta-analysis Workplace harassment increases anxiety and burnout.

Nielsen et al. 2023 Sweden

Systematic

review

Workplace harassment adversely aects the mental health of both

victims and bystanders.

Bhoir &

Sinha

2024 India

Systematic

review

Workplace harassment reduces employee well-being and job

performance.

Cedeño

Roldán

2022 Ecuador Legal analysis

Signicant legal gaps remain in the protection against workplace

harassment (mobbing).

To ensure the quality and relevance of the evidence, the

review included peer-reviewed articles published between

2020 and 2025, studies addressing workplace harassment,

mental health and job performance, publications indexed in

recognised academic databases, current national and inter-

national legislation, and relevant case law concerning wor-

kplace harassment. Non-peer-reviewed publications, unve-

riable grey literature and studies unrelated to the research

objectives were excluded.

The research was conducted in four sequential stages: (i)

literature search; (ii) application of the inclusion and exclu-

sion criteria; (iii) thematic analysis of the scientic literature,

legislation and case law; and (iv) integration and interpre-

tation of the ndings for the preparation of the results and

conclusions.

Ethical principles applicable to documentary research

were observed throughout the study. All sources were appro-

priately acknowledged in accordance with the APA (7th edi-

tion) referencing guidelines. As this study was exclusively

based on documentary sources, it did not involve human

participants or the collection of personal or sensitive data;

therefore, formal ethical approval was not required.

Results and discussion

The reviewed literature indicates that workplace harass-

ment is one of the most signicant psychosocial risks in con-

temporary work environments. The studies analysed consis-

tently describe workplace harassment as repeated behaviours

of intimidation, humiliation, social isolation and psycholog-

ical abuse directed at a worker with the aim of undermining

their emotional well-being, impairing their job performance

or ultimately forcing them to resign (Einarsen et al., 2020).

Table 4. Main Psychological Eects Associated with Workplace Harassment.

Psychological Eect Evidence Reported in the Literature

Anxiety Very frequent

Chronic work-related stress Very frequent

Depression Frequent

Emotional exhaustion (burnout) Frequent

Insomnia and sleep disturbances Moderate to frequent

Low self-esteem Frequent

Job insecurity Frequent

Psychosomatic disorders Moderate

Source: Prepared by the authors based on Galanis et al. (2024), Nielsen et al. (2023) and Einarsen et al. (2020).

J. Law Epistemic Stud. (2026) 4: e179

The reviewed literature indicates that workplace harass-

ment has signicant adverse eects on workers’ mental

health. The most consistently reported consequences include

anxiety, chronic work-related stress and depression, all of

which substantially impair psychological well-being and

overall quality of life. In addition, the reviewed studies iden-

tify emotional exhaustion, insomnia and reduced self-esteem

as frequent outcomes, suggesting that the psychological con-

sequences of workplace harassment may persist even after

the abusive behaviours have ceased (Galanis et al., 2024;

Nielsen et al., 2023; Einarsen et al., 2020).

Table 5. Impact of Workplace Harassment on Job Perfor-

mance and Organisational Functioning

Organisational Variable Identied Eect

Job performance Decreases

Work motivation Decreases

Organisational commitment Decreases

Concentration Decreases

Absenteeism Increases

Employee turnover Increases

Workplace conicts Increase

Organisational climate Deteriorates

Teamwork Weakens

Source: Prepared by the authors based on Bhoir and

Sinha (2024), Nielsen et al. (2023), and the reviewed liter-

ature.

The reviewed literature indicates that workplace harass-

ment aects not only direct victims but also overall organisa-

tional performance. Reduced job performance, increased ab-

senteeism and the deterioration of the organisational climate

generate signicant economic and social costs. Furthermore,

declining work motivation and organisational commitment

negatively aect the quality of organisational processes and

hinder the achievement of strategic objectives (Nielsen et al.,

2023; Bhoir & Sinha, 2024).

The scientic evidence further suggests that the psycho-

logical consequences of workplace harassment are often

persistent. The studies reviewed consistently report higher

levels of anxiety, chronic work-related stress, depression,

emotional exhaustion and insomnia among aected workers,

with adverse eects that may continue even after the harass-

ment has ceased (Galanis et al., 2024; Einarsen et al., 2020;

World Health Organization, 2024).

From a legal perspective, Ecuador has made signicant

progress in strengthening the protection of workers against

workplace harassment. The Constitution of the Republic of

Ecuador recognises fundamental rights related to human dig-

nity, personal integrity, equality and decent work. Likewise,

amendments to the Labour Code have expressly recognised

workplace violence and harassment as prohibited conduct

within employment relationships (Bhoir & Sinha, 2024).

Nevertheless, the documentary review identied a consid-

erable gap between legal recognition and eective imple-

mentation. Despite the existence of legal protection mech-

anisms, important challenges remain, including the absence

of specialised institutional protocols, victims’ fear of report-

ing due to potential retaliation and limited training for em-

ployers and workers on the prevention of workplace violence

(Cedeño Roldán, 2022).

In this context, Judgment No. 986-19-JP/21 of the Consti-

tutional Court of Ecuador represents a landmark decision by

recognising workplace harassment as a form of violence that

infringes workers’ fundamental rights. However, the ndings

suggest that legal recognition alone is insucient unless ac-

companied by eective institutional mechanisms for preven-

tion, investigation and enforcement.

The comparative legal analysis with Colombia revealed

substantial dierences in the regulation of workplace harass-

ment. While Ecuador primarily addresses workplace harass-

ment through provisions incorporated into the Labour Code,

Colombia has enacted a specic legal framework through

Law 1010 of 2006, establishing preventive measures, spe-

cialised procedures and workplace coexistence committees.

This regulatory approach has facilitated the development of

more structured mechanisms for the early detection and res-

olution of workplace harassment cases.

The comparative analysis indicates that the principal dif-

ference between Ecuador and Colombia lies not only in the

existence of legal provisions but also in the institutionali-

sation of preventive mechanisms. While Colombia has es-

tablished specialised procedures and workplace coexistence

committees for the early resolution of workplace conicts,

Ecuador continues to rely predominantly on corrective legal

responses after the harm has already occurred. This nding

suggests that strengthening preventive institutional mech-

anisms should become a priority for improving workers’

protection and safeguarding mental health in the workplace

(International Labour Organization, 2019).

The ndings further indicate that workplace harassment is

a multidimensional phenomenon aecting workers’ mental

health, job performance and organisational productivity si-

multaneously. Consequently, eective responses require not

only adequate legal protection but also preventive institu-

tional policies, specialised reporting mechanisms and organ-

isational cultures based on respect, equality, human dignity

and the protection of workers’ well-being.

Policy Implications

The ndings of this review highlight the need to strengthen

public policies aimed at preventing workplace harassment

in Ecuador. Priority should be given to developing institu-

J. Law Epistemic Stud. (2026) 4: e179

Limitations

One of the main limitations of this study is its documenta-

ry nature, as the ndings are based exclusively on the anal-

ysis of previously published scientic literature, legislation

and case law. Consequently, no empirical data were collected

directly from Ecuadorian workers or organisations. Future

research should complement these ndings through quanti-

tative or mixed-methods studies assessing the prevalence of

workplace harassment and its eects on mental health and

job performance across dierent productive sectors in Ec-

uador.

tional protocols for the early identication of workplace ha-

rassment, reinforcing reporting and victim protection mech-

anisms, and implementing continuous training programmes

on psychosocial risks for both employers and employees.

The comparative analysis with Colombia demonstrates

that institutionalised preventive mechanisms, particularly

workplace coexistence committees, can contribute to the

early management of workplace conicts and the eective

protection of workers’ mental health. Accordingly, strength-

ening preventive strategies and coordination among labour

authorities, employers and employees should constitute a

central component of future labour policies aligned with in-

ternational standards for decent work.

Table 6. Comparison of Legal Protection Mechanisms against Workplace Harassment in Ecuador and Colombia

Aspect Analysed Ecuador Colombia

Specic legislation on

workplace harassment

No standalone law; regulation dispersed

across the Constitution and the Labour Code

Law 1010 of 2006 specically

regulates workplace harassment

Legal denition of

workplace harassment

General regulation of workplace violence

and harassment

Explicit legal denition of dierent

forms of workplace harassment

Specialised procedures Limited

Yes, established under Law 1010 of

2006

Workplace coexistence

committees

Not generally mandatory

Mandatory in both public and private

organisations

Preventive measures Limited development Comprehensive preventive framework

Reporting mechanisms Administrative and judicial procedures

Specialised internal and external

complaint procedures

Protection of victims Constitutional and labour law protection

Specic legal protection supported by

preventive mechanisms

Judicial development Developing

Extensive case law and judicial

interpretation

Source: Prepared by the authors based on the Constitution of the Republic of Ecuador (2008), the Ecuadorian Labour

Code, Law 1010 of 2006 (Colombia), ILO Convention No. 190, and Judgment No. 986-19-JP/21 of the Constitutional Court

of Ecuador.

Conclusions

The review of the scientic literature, complemented by

the analysis of the Ecuadorian legal framework and the com-

parison with Colombian legislation, indicates that workplace

harassment represents one of the major threats to workers’

mental health and job performance. The reviewed evidence

consistently associates workplace harassment with anxiety,

chronic work-related stress, depression, emotional exhaus-

tion, reduced job performance, absenteeism and the deterio-

ration of the organisational climate.

From a legal perspective, Ecuador has established impor-

tant constitutional and labour law mechanisms for protecting

workers against workplace harassment. However, signi-

cant challenges remain regarding prevention, institutional

implementation and the eective protection of victims. The

comparative analysis demonstrates that specialised preventi-

ve mechanisms, such as workplace coexistence committees,

strengthen the early detection and management of workplace

conicts.

The principal contribution of this study lies in integrating

scientic evidence with legal analysis to demonstrate that the

main weakness of the Ecuadorian system is not merely the

existence of regulatory gaps but the limited institutionalisa-

tion of preventive mechanisms aimed at protecting workers’

mental health.

Accordingly, strengthening public policies, institutional

protocols and preventive strategies is essential for promoting

safe workplaces that respect human dignity and comply with

international decent work standards. Future research should

examine these issues through empirical studies evaluating

J. Law Epistemic Stud. (2026) 4: e179

the eectiveness of preventive measures and their impact on

workers’ mental health and organisational performance in

dierent sectors of the Ecuadorian economy.

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Conicts of interest

The authors declare that they have no conicts of interest.

Author contributions

Fatsi S. Cedeño-Roldán and Darley G. Mero-Tituana: Con-

ceptualization, data curation, formal analysis, investigation,

methodology, supervision, validation, visualization, drafting

the original manuscript and writing, review, and editing.

Data availability statement

The datasets used and/or analyzed during the current study

are available from the corresponding author on reasonable

request.

Statement on the use of AI

The authors acknowledge the use of generative AI and

AI-assisted technologies to improve the readability and cla-

rity of the article.

Disclaimer/Editor’s note

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