In view of the holidays, the Carinthian Chamber of Labour (AK) has reminded that employers may not order employees to be on standby or to work during the holidays. It advocates a legal right not to be reachable.
“All employees have the right to rest. Even a mobile phone at work does not force you to interrupt the important recovery and rest time,” said Günther Goach, president of AK Carinthia, in a broadcast on Monday. But a law is needed that clearly defines the right to be unavailable.
“Vacation breaks entail the risk of stress-related illnesses. Vacation and compensation time serve for regeneration and are a right for employees to be able to use their full potential again after a relaxing break,” Goach argues. Companies “must create clear representation solutions and internal accessibility so that nothing stands in the way of the well-deserved rest period.”
Business calls are work time
Employment lawyer Maximilian Turrini of AK: “Employers are generally not allowed to contact their employees who are on vacation or in compensatory time. If the vacation is interrupted by a business phone call or an e-mail, this is considered working time and may not be deducted from the vacation account.” Owning a business mobile phone does not oblige employees to be reachable during their free time. “Switching off your business mobile phone during the vacation is not only allowed, but is often a basic requirement to achieve the recreational value that the law also requires,” says Turrini.
An exception to this is the so-called on-call service. This can be arranged outside working hours on ten days per month. “Moreover, this may only be agreed during a maximum of two weekly rest periods per month. If an actual assignment takes place during a call, both the travel time and the actual work performance must be counted as working time,” says Turrini. However, being present is not compatible with the recreational purpose of the holiday and may not be counted as a holiday.
Source: Krone
I’m Ben Stock, a journalist and author at Today Times Live. I specialize in economic news and have been working in the news industry for over five years. My experience spans from local journalism to international business reporting. In my career I’ve had the opportunity to interview some of the world’s leading economists and financial experts, giving me an insight into global trends that is unique among journalists.
