What are the rights of employers to call employees back on vacation? A specialist lawyer answers us.
It’s a nightmare that we don’t wish on any employee. Imagine yourself on vacation, by the sea. Weeks of thinking about this precise moment with your family and the moment of unfolding the towel on the beach: the drama. Your cell phone vibrates. You pick up and your boss orders you to come back to work. You pinch yourself but it’s not a bad dream. It’s the truth.
To find out more about employee rights in this scenario, JDN contacted Kenny Lassus, labor law lawyer at the Paris Bar. Right away, the professional gives a reminder. “The principle is that the employer cannot recall the employee who is already on leave because he is no longer at his disposal.” A preamble that will delight all employees.
In addition, another principle governed by law protects workers from abuse. “The Labor Code says that the employee has the right to leave but also to disconnect. This right to disconnect is a safeguard because the employee is not supposed to have his professional telephone and be reachable. In fact, the employer does not in principle have to contact the employee,” continues the lawyer.
But is this principle absolute? Or on the contrary, is it possible, in certain specific situations, that the employer can call back an employee on leave to tell them to come back to the office. “Exceptional circumstances can justify contacting an employee. In a judgment of May 15, 2008, the Court of Cassation mentions in particular the case where an employee has died and he must be replaced. Very specific and exceptional circumstances are really needed to justify violating the right to disconnect,” notes Kenny Lassus.
Another possible case: if you go on vacation while keeping the password for an essential tool or the keys to part of the office, for example. “If the employee is the only one to have something essential for the company, then contact is justified. Sometimes, these elements are even more important if the company cannot function normally without them, for example,” specifies the professional.
On the other hand, be careful of abuse. “If it’s for a service that is part of the company’s raison d’être, then we can’t call an employee for that,” says Kenny Lassus. Concretely, if a plumbing company is called to carry out a traditional repair, it cannot request a plumber on vacation because it must be able to accomplish these missions while respecting the holidays of its teams.
In the event of a dispute, the burden of proof rests on the employer. “It is the company which will have to prove that the contact with the employee was legitimate. If this is not justified, the employee can say that it is a breach of the employer’s security obligation,” concludes the lawyer. We sincerely hope that this doesn’t happen, but if ever, you know your rights.
