Teletrabajo : Desafíos legales en jornada laboral, desconexión digital y protección de derechos fundamentales en Ecuador

Abstract

The right to digital disconnection has emerged as a fundamental labor guarantee against the risks of hyperconnectivity in teleworking environments. In Ecuador, its regulatory recognition began with the Organic Law on Humanitarian Support (2020), which established a minimum of twelve continuous hours of rest, although without regulatory development or incorporation into the Labor Code. At the constitutional level, this right is linked to the protection of health, privacy, and rest (Articles 33, 66, and 326), but its effective protection requires structural reforms. The law offers comparatively advanced models: France regulates it through collective bargaining (Law No. 2016-1088), Spain incorporates it in Organic Law 3/2018 and Law 10/2021, and Uruguay recognizes it contractually in Law No. 19,978. These regulatory frameworks articulate constitutional principles, internal policies, and oversight mechanisms. In Ecuador, the lack of institutional protocols, reporting channels, and specialized jurisprudence limits the enforceability of this right. Therefore, it is proposed to affirm its legality in the Labor Code, adopt mandatory contractual clauses, and implement public policies that guarantee its practical and preventive application.