LA INCAPACIDAD JURÍDICA DE SANCIONAR EL MOBBING EN LOS JUZGADOS MULTICOMPETENTES DE BABAHOYO

Abstract

Workplace harassment is a social phenomenon that manifests the oppression that one person produces to another to denote the power that is held over this and that is reflected in offenses, criticism and insults, these practices are also known as mobbing, this is considered a crime, from the labor point of view, but also of criminal law, despite this there is judicial lack of authority in the country, leaving this type of case unimportant.

There are various characteristics that lead to identify this type of behavior within the work environment, however, the world legislation, citing as an example the Spanish law, still does not articulate in a concrete way the behaviors that generate mobbing, clearly preventing the intervention of the system judicial to these practices, clearly preventing the intervention of the judicial system to these practices.

Mobbing in Ecuador is a common problem in public and private companies, which constitute a legal vacuum in the Ecuadorian positive law, for this reason in order to have a first approach to the subject, interviewed Multicompetent Judges of the city of Babahoyo, who agreed that the issue is not addressed in local legislation and that greater efforts are needed to typify the characteristics and sanctions that this type of aggression must have.