Jurisprudencia y Ciencias Sociales
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Item El derecho a la desconexión laboral en el teletrabajo y la hiperconectividad, en la era digital(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-08) Masaquiza Sailema, Lorenza Marisol; Masabanda Analuiza, Galo IvánThis paper analyzes the right to disconnect from work in the context of teleworking and the challenges that the digital world and hyperconnectivity pose to this right. The overall objective was to analyze the degree of guarantee and effectiveness of the right to disconnect from work in teleworking, compared to hyperconnectivity, within the Ecuadorian legal system. The study employed a qualitative, descriptive-explanatory, documentary-jurisprudential methodology, complemented by semi-structured interviews with five experts in the field of labor law in Tungurahua (a lawyer, a human resources specialist, and judges). The results showed that, although specific rules exist in the Constitution, the Labor Code, and Ministerial Agreement MDT-2022-237, these regulations are disorganized, limited, and not widely known. The use of hyperconnectivity, which occurs when employees connect with colleagues outside of work hours via WhatsApp, email, and calls, impacts fundamental rights such as rest, mental health, privacy, and family life. Experts agree on the existence of chronic stress, digital burnout, and a significant gap in the application of regulations. It follows that the right to disconnect from work in Ecuador is more of a hope than a guarantee. A comprehensive legislative reform, mandatory disconnection protocols, intensified controls, and an organizational culture that promotes work-life balance are essential.