Article 34 of the Workers' Statute regulates the working day . The working day is established in the employment contract, in the collective agreement and has the limits established by the Workers' Statute.
The worker only has to provide services to the company during that time.
But nowadays our mobile phone has become a small computer that we always carry with us and we are more connected than ever. This has many advantages but also disadvantages.
Do I have to answer calls outside of work hours ? Do I have to answer rich people database work emails on the weekend? Do I have to be available 24/7 for the company?
The answer is it depends .
The availability clause may appear in the employment contract itself or in the collective agreement, through which the employee must be accountable for those phone calls or emails that are sent to the employee outside of his or her working hours, as long as the agreed conditions are met .
The availability clause or availability bonus must clearly reflect the conditions between the worker and the company.
"The employee must only answer calls outside of working hours if this has been agreed with the company or is stated in the collective agreement."
If the collective agreement does not reflect this availability bonus and the employee and the company have not set these conditions in the employment contract, the worker will not be obliged to satisfy the requirements of his boss outside of working hours .
The company will also not have the right to impose a penalty on the employee if he or she does not answer emails or calls outside of working hours.
More availability
It is a figure that refers to the availability that the worker has in his free time and must be compensated (whether or not there has been any requirement by the company).
If this clause does not appear in the employment contract or in the collective agreement, the company cannot sanction the worker.
If there is no availability clause in your collective agreement or contract, can you be penalized by the company if you do not respond to its requests during your free time?