On August 22, 2025, the Ministry of Labor issued Ministerial Agreement MDT-2025-102, which establishes the “Standard for the Prevention and Attention to Cases of Discrimination, Violence and Labor Harassment in the private sector”. This regulation reinforces the obligations of employers and workers in the prevention and punishment of these behaviors, established in different norms, consolidating in a single instrument these provisions.
Key aspects:
Spaces where discrimination, violence and harassment may occur in the workplace
1. On the premises of the workplace.
2. Outside the workplace facilities.
3. On work-related travel, trips, events, social or training activities.
4. Within the framework of communications, including those made telematically.
Employee responsibilities
It reaffirms the responsibility of workers to maintain an environment of respect and equity with their coworkers and employer. In addition, they are assigned an active role: to make visible, stop and report any act of discrimination, violence or harassment at work that they witness or know about.
Employer’s responsibilities
It reinforces the obligations of employers, who must ensure that workers’ rights are respected at all times:
– To have an Internal Protocol against discrimination, violence and harassment in the workplace.
– Implement a Psychosocial Risk Prevention Program (mandatory for companies with more than 10 workers).
– Manage the prevention of psychosocial risks in all cases, regardless of the size of the company.
Prevention and eradication measures
It reaffirms the obligation of employers to adapt their internal regulations and to have an Internal Protocol for the Prevention and Eradication of Discrimination, Violence and Harassment in the Workplace. It also requires that the measures implemented be duly documented, so that they can be presented to the labor authorities when requested. It is established that the absence of this justification will be cause for sanction.
Specific measures for the protection of alleged victims
In the event of a complaint of discrimination, violence or harassment, the employer must: avoid retaliation, guarantee a fair and non-discriminatory process, allow access to information, separate the aggressor or victim if necessary and possible, and maintain confidentiality.
Guidelines for the elaboration of the internal protocol for the prevention and eradication of discrimination, violence and harassment in the workplace.
It is reaffirmed that all employers must have an Internal Protocol for the Prevention and Eradication of Discrimination, Violence and Harassment in the Workplace, which must include at least:
1. Prevention axis: trainings, zero tolerance policy and clear communication channels.
2. Identification axis: detection of offensive comments, hostile environments, acts of discrimination, changes in performance, isolation or emotional affectations.
3. Focus of attention: complaint procedure before the Ministry of Labor, protection measures (psychological, legal, administrative) and corrective actions or disciplinary sanctions.
4. Follow-up and evaluation: quarterly monitoring of cases and annual evaluation of the protocol.
This protocol must be registered and approved by the Regional Labor Directorate. Once approved, the employer has 15 non-extendable days to download the document as a backup, as it is then automatically deleted from the system.
Discrimination, violence and harassment in the workplace and in the selection of personnel
The concepts contained in international treaties on discrimination, violence and harassment at work are reaffirmed, conceptualizing the different forms of harassment: vertical (from superiors to subordinates or vice versa), transversal (among colleagues) and even by people linked to the world of work who do not have an employment contract, such as interns, volunteers or users.
Discrimination in employment on the basis of ethnicity, age, sex, gender identity, sexual orientation, marital status, religion, socioeconomic status, health status (including HIV), disability, union affiliation, among others, is expressly prohibited.
The prohibitions existing in previous Ministerial Agreements for personnel selection processes are included, thus ratifying the prohibition of not requesting pregnancy or HIV tests, information on marital status, age, religion, judicial background (except as provided by law), union membership, resume photos, private health policies, or any other personal data not related to job competence.
Workplace violence and harassment are defined as unacceptable conduct, whether single or repeated, that causes physical, psychological, sexual, economic, political, symbolic or digital harm. Disrespect for digital disconnection is expressly included as harassment, as well as intrusion into rest times, leaves, vacations and private life.
Finally, exceptions to digital disconnection are recognized: positions of trust or management positions, cases of force majeure or urgent situations requiring continuity of service, and express or tacit acceptance by the employee. Procedure for reporting cases of discrimination, violence and harassment in the workplace.
The Ministerial Agreement establishes that whoever considers himself to be a victim may file a complaint with the Ministry of Labor.
If non-compliance is found, the Inspector will send a report to the regional director of Labor, who must issue the corresponding administrative sanction resolution within 10 days.
Deadline for implementation
Within 60 days of its entry into force, employers must adapt both the Psychosocial Risk Prevention Program and the Internal Protocol for the Prevention and Eradication of Discrimination, Violence and Harassment in the Workplace.
Quito D.M./Guayaquil, August 2025
