If you are on vacation, you don't want to waste any thought on work.
But what if the manager suddenly calls?
Employees do not have to
be reachable by their employer
on vacation *
.
The Bund-Verlag explains this with reference to the Federal Holiday Act.
This regulates the right to vacation leave.
On their days off, employees must therefore be completely released from work.
Answering phone calls or emails would be contrary to the recreational purpose of the vacation.
Read here
: Relaxing for a full 60 days with 26 vacation days: Secure long weekends in 2022 and look forward to many long weekends.
Special rules in the employment contract
If there is
a clause
in the
employment contract
that stipulates that employees must be available permanently or by the hour even when on vacation, it should be checked whether this rule is permissible, advises Bund-Verlag.
According to a judgment of the Federal Labor Court from the year 2000 (Az. 9 AZR 405/99), such agreements in employment contracts are regularly inadmissible.
According to Bund-Verlag, this applies in any case to the 24 working days that each employee is entitled to as the statutory minimum vacation.
However, there could be special contractual rules
on all additional
vacation days
voluntarily granted by the employer
.
In this case, the employer could then demand that employees can also be reached on vacation.
You can also read:
This is how easy it is to get more vacation days as an employee.
Accessibility in an emergency
In addition to such special clauses in the employment contract, according to the information there are some exceptional situations in which a phone call or contact from the employer may be legitimate.
It is conceivable, for example, that only the employee knows an urgently needed password or that a similarly urgent emergency occurs.
Incidentally, nobody has to fear a termination who ignores a phone call or contact from the employer, according to the article.
A behavior-related termination would require a prior warning.
Employees on vacation cannot be accused of violating labor law obligations.
(dpa / ahu) * Merkur.de is an offer from IPPEN.MEDIA
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