El acoso en el trabajo: algunos aspectos doctrinarios, jurisprudenciales y legales del acoso moral y sexual en Chile

Abstract

The conduct of enforcement or persecution can call it "Conduct of harassment", which is of particular interest for the right to work in the cases in which a siege within the employment relationship and harassment occurs and during its term, distinguishing between harassment or workplace harassment and harassment or sexual harassment, hypothesis prejudicial for those involved in the relationship of work and in particular of fundamental rights. While attitudes in both institutions have sorne overlap (siege of the hechor, absence of consent ofthe victim and the prejudice in employment or occupation), relevant differences are recognized. Thus, in the workplace harassment, harassment not aims to obtain a sexual favor, and must also have a certain regularity or more or less extended duration in time. lnstead, in the sexual harassment a single fact that magazine sufficient severity can satisfy the illicit labour, without requiring a repeated or more or less prolonged duration. The work develops both hypotheses of harassment labour, referring to its regulation, concept, violation of fundamental rights and other violations, element, features and reception of these institutions in the jurisprudence and doctrine.