Responsabilidad objetiva del empleador en accidentes laborales del teletrabajo.

Abstract

The research paper entitled “Strict Liability of the Employer in Telework-Related Occupational Accidents” is situated within the framework of labor law and social security. Objective liability implies that the employer is responsible for all damages arising from work without the need to prove fault; it is sufficient to demonstrate the damage, the employment relationship, and the causal link. On the other hand, subjective liability requires demonstrating employer fault or negligence. In teleworking, this modality becomes more complex due to the provision of services outside the company's premises or at the worker's home. Furthermore, the elements of the employment relationship, the provision of services, and others, which remain valid in the remote work modality, are examined. A work-related accident is defined as a sudden event that causes harm on the occasion of or due to work, with the causal link being the determining element for its classification by the Ecuadorian Social Security Institute. Finally, considering evidentiary difficulties, the right to digital disconnection, and other employer obligations, as well as a Latin American comparison, regulatory improvements are proposed to strengthen legal certainty and worker protection, in conjunction with labor principles in teleworking.