EL DERECHO A LA DESCONEXIÓN DIGITAL DEL TRABAJADOR Y LA CONFIGURACIÓN DE SU CONTENIDO PARA GARANTIZAR SU EFECTIVO EJERCICIO

Abstract

This research article analyzes the right to digital disconnection that arises as communication and information technologies evolve, together with the use of digital devices, expanding their use and becoming indispensable tools for the labor area, causing the worker to remain at the disposal of the employer at any time and interfering in the hours of rest of the worker and consequently altering his health and life. It also analyzes the content of the regulations in force in the Ecuadorian State to face the changes that have occurred at the labor level, taking as a reference the international legislation, making a study of comparative law, with all the above, the duty to guarantee the digital disconnection is examined. The purpose of this work is to examine the current legal positions to cooperate in the effective application of the right to digital disconnection. For this inquiry, the rationalist methodological approach was used, employing the inductive method and through the qualitative technique of documentary review. In summary, it is concluded that there is a lack of guarantee in the exercise of the right to digital disconnection of the worker and it is necessary to establish more specific and effective measures, according to the reality of the working world.