La inclusión del teletrabajo en el régimen de protección contra el despido intempestivo.

Abstract

This research analyzes the inclusion of telework within the legal regime of protection against unjust dismissal in Ecuador. Although telework has been formally incorporated into the Ecuadorian Labor Code through the Organic Law of Humanitarian Support and subsequent ministerial regulations, its practical implementation reveals significant gaps between formal legal equality and effective protection. The study begins by examining the legal and doctrinal concept of telework, emphasizing that it constitutes a modality of execution of the employment contract rather than a new or autonomous contractual category. Therefore, teleworkers maintain the essential elements of the employment relationship: personal service, subordination, and remuneration. However, the digital mediation of labor relations introduces specific challenges, particularly regarding supervision, working hours, digital disconnection, access to evidence, and the exercise of managerial power. The core legal problem addressed in this thesis questions whether the current Ecuadorian legal framework truly guarantees effective and equivalent protection against unjust dismissal for teleworkers. While the law proclaims equality of rights, practical difficulties—such as limited labor inspection, unilateral implementation of telework, subjective performance evaluations, and restricted access to digital evidence—may place teleworkers at a disadvantage compared to on-site employees. Through doctrinal analysis, regulatory examination, and comparative references, this research proposes strengthening the legal framework by establishing clearer rules on digital evidence preservation, objective evaluation standards, enforceable disconnection rights, and enhanced digital oversight mechanisms. The study concludes that telework can only be fully compatible with labor stability principles if the protection against unjust dismissal is effectively adapted to the digital work environment.