On August 22, 2025, the Ministry of Labor issued Ministerial Agreement No. MDT-2025-102, which contains the Regulation for the Prevention and Addressing of All Cases of Discrimination, Violence, and Workplace Harassment in the Private Sector. Its purpose is to establish clear and mandatory guidelines to ensure that workplaces are spaces free from violence, harassment, and discrimination, as well as to guarantee the comprehensive protection of workers against such behaviors.

I. GENERAL INFORMATION:

1. Scope and definition of workplace (Arts. 2 and 3): The regulation is mandatory for all employers and workers subject to the Labor Code, and will apply to behaviors that occur:

• In the workplace premises.

• Outside the premises, during trips, training, events, or social activities related to the job.
• During work-related travel.
• In physical, digital, or telematic communications related to work.

2. Responsibilities of the parties:

a. Workers (Art. 5):

• Maintain relationships based on respect and equality.
• Perform their duties efficiently.
• Refrain from violent or discriminatory behaviors.
• Report, raise awareness, and stop acts of discrimination, violence, or workplace harassment.

b. Employers (Art. 6):

• Develop, observe, and implement an Internal Protocol for the Prevention and Eradication of Discrimination, Violence, and Workplace Harassment (new).
• Companies with more than 10 workers must implement a Psychosocial Risk Prevention Program; and all companies, regardless of the number of workers, are required to manage the prevention of such risks in accordance with current regulations.
• Ensure the progressive respect of fundamental labor rights.

3. Adoption of prevention and eradication measures (Art. 7): Employers must adapt their internal regulations and establish a new Internal Protocol for the Prevention and Eradication of Discrimination, Violence, and Workplace Harassment, in accordance with the Ministerial Agreement and current legislation.

• These measures must be properly documented and available to be justified before the competent labor authority.
• Failure to present the corresponding justifications will constitute a punishable non-compliance in accordance with the applicable legal regulations.

4. In case of complaints of workplace harassment, the employer must adopt the following measures (Art. 8):

• Prohibition of direct or indirect retaliation for reporting.
• Ensure a fair and non-discriminatory process, considering the most favorable criterion for the alleged victim.
• Guarantee access for the parties to information regarding the status of the complaint.
• Physical separation between the victim and the alleged aggressor, if necessary, justifiable, and possible.
• Confidentiality of information about the facts and the parties involved.

II. GUIDELINES FOR THE DEVELOPMENT OF THE INTERNAL PROTOCOL FOR THE PREVENTION AND ERADICATION OF DISCRIMINATION, VIOLENCE, AND WORKPLACE HARASSMENT

1. Objective of the Protocol (Art. 9): The Internal Protocol aims to prevent, identify, address, and sanction cases of discrimination, violence, and workplace harassment.

2. The Protocol must include the following KEY AREAS (mandatory, Art. 10):

• Prevention: Includes awareness and training processes, zero-tolerance policy, communication channels.
• Identification and detection of cases: Involves recognizing behaviors and situations that indicate violence or harassment, such as offensive or discriminatory comments, hostile environments, changes in work performance, social isolation, and emotional effects like stress, anxiety, or low self-esteem.
• Attention: Reporting channels and procedures, internal protective measures (legal support and psychological and physical care), corrective and non-repetition measures (training, warnings, disciplinary sanctions, among others) based on the decision of the Labor Inspector.
• Follow-up: Quarterly monitoring of complaints and annual evaluation of the protocol.

The Internal Protocol must consider these key areas, allowing the content to be adapted to the specific circumstances of each company, while complying with legal regulations.

3. Registration, procedure, and approval of the protocol (Arts. 11 to 13):

• The protocol must be obligatorily registered on the MDT platform.
• The Regional Director of Labor approves the Internal Protocol; if denied, the employer must restart the process. Once approved, the employer has 15 days to download it, otherwise, the document will be deleted.
• The Ministry of Labor may conduct random checks afterward to verify compliance.
• Failure to register will be grounds for a sanction in accordance with the applicable regulatory framework.

Employers have a period of 60 days from the entry into force of the Agreement to adapt their Psychosocial Risk Prevention Program and the Internal Protocol for the Prevention and Eradication of Discrimination, Violence, and Workplace Harassment in accordance with the new regulations. (First Transitional Provision).

Within the same 60-day period, the Directorate of Occupational Safety, together with the Directorate of Priority Care Groups and the Directorate of Information and Communication Technologies, must develop and implement a software module for the proper application and monitoring of the regulation. (Second Transitional Provision).

III. OF DISCRIMINATION, VIOLENCE, AND WORKPLACE HARASSMENT:

1. Of the behaviors (Art. 15): Discrimination, violence, and workplace harassment can manifest in a vertical manner (upward or downward), horizontally (between workers of the same level), and can even be perpetrated by third parties connected to the workplace (interns, volunteers, trainees, suppliers, service users, or individuals linked through a civil relationship).

2. Discrimination (Art. 16): Prohibited for reasons of ethnicity, age, gender, disability, health status, HIV, political affiliation, union or guild membership, among others. The categories established as examples in Article 11.2 of the Constitution of the Republic of Ecuador will be used as a reference.

3. Staff Selection (Art. 17): It is prohibited to request the following documents during the selection process:

• Pregnancy or HIV/AIDS test results, or any other illness, as a requirement for maintaining employment.
• Information about marital status, age, sex, ethnicity, religion, gender identity, or other protected data, unless expressly authorized by law.
• Mandatory notification of the health status of individuals living with HIV at any time during the employment relationship.
• Violating the confidentiality and privacy of personal data through its disclosure.
• Criminal record (except for legal exceptions) or union activities.
• Private insurance policies for serious or catastrophic illnesses.
• Requiring a photograph or any personal data not related to work on the resume.

4. Violence and harassment in the workplace (Art. 18): Workplace violence and harassment are understood as any unacceptable behavior or practice, including threats, that occur once or repeatedly and cause or may cause physical, psychological, sexual, economic, political, symbolic, or digital harm to a worker, including gender-based violence or harassment or harassment for discriminatory reasons.

These behaviors:

• Violate human dignity and may result in harm, mistreatment, humiliation, or affect labor rights.
• Can occur in the workplace or outside of it, as long as they are related to the employment relationship.
• Include the lack of digital disconnection, meaning the violation of the right to rest, vacations, leaves, and privacy of personal and family intimacy.
• Constitute discriminatory acts when based on reasons such as those mentioned in Article 11.2 of the Constitution, including union or guild affiliation.

5. Exceptions to Digital Disconnection (Art. 19): The right to digital disconnection does not apply in the following cases:

• Trust or executive positions.
• Force majeure or unforeseeable circumstances, or when extraordinary collaboration is required to ensure the continuity of service or resolve urgent situations as requested by the employer in a report.
• Express or implied acceptance by the worker to perform activities outside of their workday.

In any case, the request must be made with respect, without threats, and acknowledging the corresponding payment, in accordance with the Labor Code.

IV. OF THE COMPLAINT PROCEDURE IN CASES OF DISCRIMINATION, VIOLENCE, AND HARASSMENT IN THE WORKPLACE:

1. Submission (Art. 20): A worker who feels affected by an act of discrimination, violence, or harassment in the workplace may file a complaint physically, at the Regional Labor and Public Service Offices located nationwide, according to the jurisdiction where the complaint corresponds.

2. Admissibility (Art. 21): The complaint must be submitted to the Labor Inspector and include:

• Complete details of the complainant and the employer (with address for notification).
• A clear and detailed account of the facts.
• Legal grounds.
• Evidence and individuals who can testify according to the COGEP (General Organic Code of Processes).
• The requested claim.
• Signature of the complainant or explicit authorization if presented by a third party.

The labor authority may not reject the complaint for lack of formalities that are not essential

3. Complaint Procedure (Art. 22):

• The Labor Inspector will qualify the complaint within 3 days. If information is missing, the complainant will have 3 days to complete it; otherwise, it will be archived.
• Once the complaint is qualified, the alleged aggressor and the employer will be notified within 5 days, giving them 3 days to respond and present evidence.
• Within the next 2 days, the Inspector will schedule a hearing, which will take place on the 3rd business day.
• During the hearing, evidence and arguments will be presented, with the complainant starting the process. The victim’s testimony must be supported by other evidence.
• If harassment or discrimination is confirmed, the Inspector will document it in an official record. The Regional Director will issue a sanction resolution (up to 20 basic salaries) within 10 business days from receiving the report.
• If the employer did not activate the Internal Protocol or the Psychosocial Risk Program, the Inspector will send a sanction report to the Regional Director, who must issue a resolution within 10 days.

4. Approval request by the worker (Art. 23): If it is determined that the employer committed acts of violence or workplace harassment, the worker may request the initiation of the approval process to terminate the employment relationship.

5. Approval request by the employer (Art. 24): Once it is determined that the worker has committed violence or workplace harassment, the employer may request approval to terminate the employment relationship.

V. PROVISIONS:

1. GENERAL:

• (…) Second: The version of the alleged victim of workplace sexual harassment by itself does not constitute sufficient evidence; it must be supported by other evidentiary means, which may be presented in a hearing or in a signed written statement (…).
• Fifth: The Occupational Safety Directorate will define the formats and guidelines for the Psychosocial Risk Program, which must be registered and reported annually to the Ministry of Labor (MDT) (…).
• Sixth: The Directorate of Priority Care Groups will determine the format for the implementation of the Internal Protocol, mandatory for all employers (…).

2. REPEALS: The agreements MDT-2017-0082 and MDT-2020-244 are repealed.

3. The Ministerial Agreement comes into effect from the date of its signing, notwithstanding its publication in the Official Register.

If additional information is required, please contact the email address laboral@bustamantefabara.com.

Prepared by: Dr. Francisco Vacas; and, Attorney Emilia Montalvo B.