Labour law and HR Conclusions from the holiday period for employers: the protection of employees' private time during leave
Vacation Planning and Work Continuity
As a rule, vacation leave is granted in accordance with the vacation schedule, which the employer sets, taking into account the requests of employees and the need to ensure normal business operations. The schedule does not include the portion of leave granted on demand (so-called “leave on request”). This is a good mechanism for safeguarding the continuity of organizational operations during the peak holiday season.
Minimum “Continuous Rest” — 14 Days
If the vacation is split into parts at the employee’s request, at least one part should consist of a minimum of 14 consecutive calendar days. It is therefore considered a good practice to arrange the schedule in such a way as to allow employees the possibility of uninterrupted rest while ensuring adequate coverage.
Unjustified Interruption of Leisure — An Undesirable Practice Worth Monitoring
An employee’s right to an annual, uninterrupted rest period is a key reference point for all HR practices during the holiday season. Except for legal exceptions (e.g., recall from vacation only due to unforeseen circumstances requiring the employee’s presence), contacting employees on vacation “just in case” or regarding matters that can wait may be considered an undesirable practice, negatively impacting organizational culture and staff well-being. To limit such risks, we recommend that organizations monitor the matter by:
• Defining within the organization the concept of a “rest interruption incident” (e.g., a phone call/email/text to an employee on vacation),
• Where justified by circumstances, maintaining a simple log of such incidents (who, when, purpose and form of contact, possible alternatives, whether an actual recall took place, and which costs were covered),
• Regularly reviewing this topic and, if necessary, providing short training sessions for managers to remind them that recall from leave is an extraordinary measure and requires a real, documented justification.
In urgent situations, it is advisable to first seek less intrusive solutions than recalling someone from leave (e.g., involving a substitute, checking standard procedures), and if it is absolutely necessary to contact an employee on vacation, to do so in the least invasive manner possible.
Undisturbed Leave is an Employee’s Right
During vacation, employees are not obliged to answer calls from their employer or check their work email. The only exception is a formal recall from leave under Article 167 of the Labour Code, which is permitted only in unforeseen circumstances requiring the employee’s presence; in such cases, the employer must cover the costs of the recall.
What Support Do We Offer?
We have many years of experience in aligning internal regulations with current labour law requirements. Below is a sample range of activities we provide as part of our services:
• Audit of practices and documents (vacation planning, contact during leave, monitoring).
• Preparation and implementation of policies.
• Training for managers and HR, and communication support.
• Support during labour inspections ( PIP ) and in employee disputes.
