Hacia la garantía del derecho a la desconexión laboral : propuesta de reforma al artículo 47 del Código de Trabajo en Ecuador.

Abstract

Labor is an essential human right, recognized and protected in constitutions worldwide. In Ecuador, labor legislation includes specific provisions to guarantee the protection of the most vulnerable groups, covering aspects such as maximum working hours, breaks, accident prevention and protection of women and minors. As of May 16, 2024, Ecuadorian legislation incorporates the right to digital disconnection from work, a measure aimed at eradicating violence and harassment in all forms of work. The digital work disconnection guarantees workers the right to disengage from their responsibilities outside working hours, regardless of the type of contract. This provision seeks to preserve labor dignity, integral health, recreation time and a balance between personal and professional life. The regulation provides for job stability, return to work and economic compensation for workers affected by non-compliance with this right.The analysis uses analytical, deductive, inductive, qualitative and quantitative methods to evaluate the impact of this reform on the Ecuadorian regulatory framework. It also contrasts local legislation with international regulations, highlighting the need to update and strengthen labor laws in Ecuador. The reform of Article 47 of the Labor Code is a key measure to guarantee the effectiveness of the right to labor disengagement and promote a fair and sustainable labor environment.