Regulación de la desconexión digital y acoso laboral en Ecuador.

Abstract

The development of this work focuses on the various problems that have appeared with the new trends in work modalities, focusing on digital disconnection and workplace harassment in Ecuador. It is necessary to keep in mind that Ecuadorian regulations have evolved, therefore, new reforms have emerged in the Labor Code, as well as the appearance of the Organic Reformatory Law for the Eradication of Violence and Harassment in All Modalities of Job of the year 2024. It is worth mentioning that the existing regulations have tried to evolve and adapt to the new reality and advances in technology, which is why “non- digital disconnection in all types of work” has been recognized as a form of workplace violence. , causing serious harm to workers, during the development of this investigation, several legal gaps in the Ecuadorian regulations are evident that need to be adjusted to the reality of the workplace so that there is an effective application of the norm. With the generalization of remote work or teleworking when the world went through the SARS-CoV-2 pandemic, it caused major problems such as hyperconnectivity, an action that had negative consequences for the health of workers, harming the physical and mental stability of workers. collaborators. The rapid impact that the new work modalities had in the country has given rise to the need to set limits and regulate the irregular activity that surrounds the work modalities and that promotes non-digital disconnection. Going forward, a regulatory analysis will be carried out between the legislations of countries such as France, Germany and Spain, where the shortcomings that the country still presents and what should be improved are evident.