Implementación de un régimen sancionador dentro del teletrabajo con respecto al derecho de desconexión

Abstract

The right to digital disconnection exists in Ecuador; however, in practice, many workers continue responding to messages, emails, and calls outside their working hours. This contradiction between legal recognition and everyday reality reveals a structural problem: the absence of a sanctioning regime capable of ensuring its effective enforcement. Although the legal system formally acknowledges this right within telework regulations, the lack of coercive mechanisms has allowed the improper extension of working hours, thereby affecting workers’ rest, health, and dignity. In light of this issue, it becomes necessary to critically examine the effectiveness of the current regulatory framework and to propose solutions that guarantee genuine protection of labor rights in digital work environments.