Guidelines for Employees during Vacation Time
In a recent technical note, the ACT, the Working Conditions Authority in an unspecified location, has emphasized the importance of respecting employees' rest periods. This stems from Article 199-A of the Labour Code, added by Law No. 83/2021 of December 6.
According to the ACT, contact during rest periods refers to any communication or attempted communication that interrupts an employee's full enjoyment of their right to rest, regardless of the means by which it is made. Employers are required to refrain from contacting employees during their rest periods, except in extraordinary, urgent situations.
The effective enjoyment of workers' rest periods is crucial for promoting health, well-being, and work-life balance. This rule applies regardless of work location, including teleworking or remote work setups. Violations could lead to administrative or labor sanctions.
However, the law allows for contact during rest periods only in cases of force majeure situations. Unforeseeable events beyond the employer's control, such as earthquakes, fires, floods, severe weather, power outages, etc., are considered force majeure situations. In these instances, the employer may contact the employee to address the crisis.
Force majeure situations are characterized by their inevitability and refer to natural events or human actions that cannot be avoided, either in themselves or in their consequences. The aim is to safeguard the company's viability and its continued operation, which will protect jobs.
The ACT's technical note reiterates that the duty to abstain from contact during rest periods is essential for ensuring workers' rest periods are effective. The law does not specify the means of contact, including telephone, visits, emails, chat notifications, and meeting requests, among others, as being subject to this restriction.
It is important to note that the exact guidelines, definitions of rest periods, exceptions, and enforcement mechanisms would depend on the precise wording of Article 199-A in Law No. 83/2021. To obtain the specific, legally binding content, consulting the official consolidated Labour Code text, legal commentaries, or government labor authority publications from the jurisdiction enacting Law No. 83/2021 is necessary.
The ACT clarifies that force majeure situations are intended to protect the company and jobs, not to justify contacting employees during their rest periods. The duty to refrain from contact during rest periods is essential for ensuring workers' rest periods are effective and promoting health, well-being, and work-life balance.
Science and workplace-wellness initiatives could benefit from adhering to the ACT's guidelines regarding employee rest periods to boost health-and-wellness in the workplace, such as reducing stress levels and improving overall productivity. The effective enjoyment of rest periods is vital in these extraordinary times, as they help ensure a balance between personal and professional life, which is especially important in the context of ongoing events like the global pandemic.
