Workplace harassment, mental health, and job performance a comparative legal review of Ecuador and Colombia

Abstract

Workplace harassment is one of the main psychosocial problems affecting 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 scientific literature and the Ecuadorian legal framework, the main effects 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 conducted through a structured review of scientific literature, supplemented 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 workplace 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 concludes that it is essential to strengthen the mechanisms, institutional protocols, and public policies aimed at protecting the mental health of workers.