Derecho a la desconexión en el teletrabajo y el panóptico laboral

Abstract

As the COVID-19 pandemic spread to Ecuador, the teleworking modality was imposed over face-to-face work to keep operational all those work activities that possibly take place from a remote location outside the workplace facilities. This new modality managed to achieve a figure of interest called the right to disconnection focused on guaranteeing the teleworker rest. In the development of this research, the background of both the teleworking modality and the right to disconnection in Ecuador was reviewed; analyzing national and foreign regulations to demonstrate the existence of necessary guarantees for the exercise of said figure; contrasting it with information from doctrinal sources, which have served as support for this investigation. For this, a qualitative methodology was used based on both documentary and bibliographical research techniques with a focus on laws and doctrine; as in the field, facing the reality of the teleworker in the development of their activities and workday; obtaining precise conceptions regarding the problem presented. With this, it is possible to conclude that disconnection is an adaptation of the right to rest that favors, within the legal sphere, teleworkers; so that beyond acquiring the degree of law, which obviously, in reality, is violated by businessmen; would be defined as a guarantee