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AK demands right to vacation without work mobile phone

According to AK legal experts: "If leave is interrupted by a business phone call or an email, this is considered working time and may not be deducted from the leave account."

(Bild: stock.adobe.com)

In view of the vacations, the Chamber of Labor (AK) Carinthia has reminded employees that employers are not allowed to order employees to be on call or to work while on vacation. It is calling for a legal right to be unavailable.

"All employees have a right to rest. Even a work cell phone does not oblige them to interrupt their important recovery and rest time," said AK Carinthia President Günther Goach in a press release on Monday. However, a law is needed that clearly defines the right to be unavailable.

"Vacation interruptions carry the risk of stress-related illnesses. Vacation and time off in lieu are for regeneration and are a right of employees to return to work at full capacity after a relaxing break," argues Goach. Companies "should create clear substitution solutions and company-internal availability so that nothing stands in the way of a well-earned rest period".

Business phone calls are working time
AK labor law expert Maximilian Turrini: "As a rule, employers are not allowed to contact their employees who are on vacation or compensatory time off. If leave is interrupted by a business phone call or email, this is considered working time and may not be deducted from the leave account." Even the possession of a company cell phone does not oblige employees to be reachable during their free time. "During vacation, switching off the company cell phone is not only permitted, but often a basic requirement in order to achieve the recreational value required by law," says Turrini.

On-call duty is an exception to this rule. This may be agreed outside of working hours on ten days per month. "Moreover, this may only be agreed during a maximum of two weekly rest periods per month. If there is an actual assignment during on-call duty, both the travel time and the actual work performed are to be counted as working time," says Turrini. However, on-call duty is not compatible with the recreational purpose of vacation and must not be counted as vacation.