Laguna normativa de cargos directivos y de confianza afecta el derecho a la desconexión digital

Abstract

The massive use of teleworking as a work modality currently responds to various social factors, such as the confinement caused by the Covid-19 pandemic or technological expansion. It has been shown that the implementation of this form of work, in some cases, affects workers’ well-being. Since it is a relatively new way of working, regulations continue to be issued to govern all aspects of this modality. This is how the right to disconnect emerged, which seeks to restrict any type of communication or work-related link between employer and employee outside the previously established working hours, ensuring a proper balance between work and personal life. In Ecuador, this right was established through Ministerial Agreement MTD No. 2022-237, which expressly excludes management, supervisory, and trusted employees from the rules of disconnection. However, upon further analysis of Ecuadorian legislation, a regulatory gap becomes evident, preventing the correct identification of this category of employees. The present work examines legal doctrine, comparative law, and the national legal framework in order to clarify the definition and characterization of management, supervisory, and trusted employees, so as to determine who truly belongs to this category