Mechanisms of Regulation and Control of the Working Time within the Teleworking Modality

Abstract

After the appearance of Covid-19 and the compulsory nature of confinement, the need to find an alternative means of developing work activities arose, which is why, as in different countries, the teleworking modality was chosen in Ecuador. Although the Ministerial Agreement No. MDT-2020-181 regulates the working day, the lack of mechanisms to control compliance with the established schedule caused the violation of labor rights. The present work aims to analyze whether the lack of effective regulation of telework by the State could lead to labor exploitation of workers in the private sector. Thus, through the qualitative methodology, an analysis of both the essential characteristics of telework and the regulations concerning workers’ rights was conducted. Although there are regulations that safeguard labor rights, the lack of public policies aimed at establishing control mechanisms for compliance and respect for the working day caused the violation of labor rights; this was evidenced by testimonies and the high rate of lawsuits that were generated in the period March to September 2020.