New Ministerial Agreement on Discrimination, Violence, and Workplace Harassment in Ecuador

On August 22, 2025, the Ministry of Labor issued Ministerial Agreement No. MDT-2025-102, establishing mandatory rules for the prevention and management of discrimination, violence, and workplace harassment in the private sector. This agreement aims to ensure that workplaces become safe, respectful, and inclusive environments, protecting the fundamental rights of all employees, both inside and outside the workplace, including business trips, training sessions, and digital communications related to work.

Among the key provisions of the Agreement are the responsibilities assigned to employers and employees. Employees must maintain respectful and equitable relationships, perform their duties efficiently, and report any acts of violence, harassment, or discrimination. Employers, in turn, are required to implement an Internal Protocol for the Prevention and Eradication of Discrimination, Violence, and Workplace Harassment, as well as manage psychosocial risk prevention, ensuring respect for the fundamental rights of their staff and maintaining a work environment free from inappropriate behavior.

The Internal Protocol, the central element of the Agreement, must include four mandatory pillars: prevention, identification, response, and monitoring. It encompasses staff awareness and training, mechanisms to detect discriminatory or harassing behavior, reporting procedures, corrective measures, and periodic case monitoring with an annual evaluation of the protocol. Clear guidelines are also established regarding prohibited behaviors, including discrimination based on ethnicity, gender, age, disability, health status, political or union affiliation, and physical, psychological, economic, digital, or gender-based violence.

The Agreement also regulates the reporting and follow-up procedures for cases of discrimination, violence, or workplace harassment, detailing submission to Regional Labor Offices, evaluation by the Labor Inspector, hearings, evidence collection, and resolution of sanctions, including the possibility of employment termination when warranted. Employers have a 60-day period to adjust their programs and protocols to the new regulations.

This legal framework reinforces the private sector’s commitment to safe, equitable, and inclusive work environments, serving as a key tool to protect the rights and integrity of all employees in Ecuador.