Smartphones, laptops and the like make it possible: Even in their free time, many can be contacted by the boss or colleagues. An Indian company is sending a conspicuous signal against it.
In principle, employees have the right to undisturbed holidays.
For most employees around the world, holidays are a time to relax and unwind. They offer a break from the stress of work. The last thing you want when you’re at the beach or hiking in the mountains is an annoying business call, text message or email from your boss or co-worker.
That’s the theory. In practice it often looks different. Here, the boundaries between private life and job have become very fluid in recent years – not least after the home office experiences during the pandemic. A representative survey by the IT industry association Bitkom in Germany published in December 2022 shows: A majority of 55 percent of employees can also be reached on business during the holidays – in the previous year it was 53 percent. In Switzerland, the numbers are likely to be similar. Like one from Jobs and Careers Blog A published survey shows that around 48 percent of Swiss employees leave their company cell phones on even on public holidays and regularly check their inboxes.
In fact, constant availability is often not really required. It’s more about expectations or perceived expectations. In order to send a clear signal, an Indian company is taking a radical approach. Employees at Mumbai-based fantasy sports platform Dream11 will be fined 100,000 rupees (about $1,200) if they contact a colleague during their free time, company co-founder Bhavit Sheth said in an interview with the TV channel CNBC explained. So far, the system has proven itself, said 36-year-old Sheth. “Dream11 believes that taking a break from work allows the Dreamsters (Dream11 employees) to relax, recharge their batteries, and then get back to their best work,” the company boss was quoted as saying by the Bloomberg news agency.
However, the company’s regulation sounds more spectacular than it is. In fact, it’s often just about a week. The company requires employees to take at least one week off each year. “Once a year you’re taken out of the system for a week,” Sheth told the broadcaster. “The employees then receive no calls and no messages via Slack or mail.” However, the company could also have some catching up to do. In a (non-representative) online evaluation by employees, she received only 3.3 out of a possible 5 points for work-life balance.
In many countries, accessibility during the holidays is not regulated by law down to the last detail. In most cases, the availability of employees in their free time is not specifically mentioned. For reasons of health protection, however, employers must ensure that employees can switch off during the holidays. Swiss labor law prescribes breaks and maximum working hours, and employees have the right to undisturbed holidays. France introduced an explicit right to switch off in its labor law in 2017. In principle, employees are not obliged to take the company mobile phone with them on vacation. However, different agreements on availability outside of working hours can be stipulated in the individual employment contracts. In principle, supervisors are also allowed to contact employees in the event of an emergency.
But not everything can be demanded in employment contracts either. The Schleswig-Holstein State Labor Court ruled last September that an employee does not have to read text messages in their free time. In this specific case, it was about short-term roster changes for an emergency paramedic. The question at issue was whether the paramedic should have reacted in his free time to a last-minute change in the duty roster for the following day. Since the person concerned did not do this, the employer issued him with a warning. However, the court of appeal ruled in favor of the employee. The right to non-availability serves not only to protect the health of the employee but also to protect the personality.