La desconexión digital y su incidencia en el derecho al descanso en la modalidad de teletrabajo en Ecuador.

Abstract

Telework has been one of the modalities of work of greater massification in recent years, especially since the declaration of health emergency due to the pandemic of the virus COVID-19. In Ecuador, teleworking has been subject to legal regulation since 2016, being guaranteed through rules of legal rank as the Organic Law of Humanitarian Support of 2020 and sublegal as the Ministerial Agreements of the Ministry of Labor, the rights of teleworkers to access to fair working conditions in terms of their remuneration, length of the day and right to disconnection. However, as this is an emerging modality, this has meant that in the beginning the informality in this modality has led to risks for teleworkers, in terms of their adaptation to this practice, provision of equipment, extension of the working day and harmonization of work life with their family obligations, in addition to the risks to their physical and mental health. Hence, the right to digital disconnection turns out to be one of the main guarantees for the welfare of teleworkers, for the sake of their personal welfare, protection of their privacy and the proper fulfillment of their family obligations, in that sense, the review of the constitutional rules, studies on the subject and reports of the International Labor Organization will allow to understand how such legal figure operates and its applicability within the Ecuadorian labor context and against regional and international standards.