masterThesis
La desconexión digital y su incidencia en el derecho al descanso en la modalidad de teletrabajo en Ecuador.
Fecha
2023-03-14Autor
Lligui Ortega, Milton Eduardo
Institución
Resumen
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.