The Authority for Labor Conditions (ACT) recalled, earlier this month of August, that the employer cannot contact him during his rest periods, including vacation, except in exceptional cases duly provided for by law.
According to ACT, this duty is enshrined in article 199-A of the Labor Code, introduced by Law No. 83/2021. The standard establishes that the employer is legally obliged to refrain from contacting the worker outside his working hours, namely during breaks, weekends or vacations, except in situations of force majeure.
The norm applies to all workers
This duty of abstention is not limited to teleworking: it applies to all modalities of work. According to ACT’s understanding, this principle aims to ensure effective rest periods, free of professional interference, and ensure the balance between personal and professional life.
According to the same source, the goal is to protect the mental health and well-being of workers. “The legislator thus reinforced the guarantee of the effectiveness of the right to rest of the worker”, reads in the technical note published by the body.
What counts as “contact” outside hours
ACT is clear in the definition: Any vacation contact attempt is covered, including telephone calls, email messages, chat notifications, face -to -face visits or meetings. Even if the message does not require immediate response, the mere fact of interrupting the rest is already infringing.
Quoting the loyal jurist, ACT recalls that this duty is violated “whenever a message is addressed to the worker, even if it is not requesting an answer or determining immediate action.” What is at stake is the prohibition of contact itself, not just the imposition of tasks.
Force majeure situations are the only exception
Despite the rule, there are exceptions. The law admits the employer’s contact only in case of “force majeure”, that is, inevitable and external events to the company’s will, such as seismos, fires, flooding or serious energy failures that threaten continuity of activity. Urgencies created by the company itself, even important, are not considered force majeure.
According to ACT, unpredictable situations that may cause “severe destruction or damage” of the company may justify the exception. Already the absence of internal planning or the attempt to resolve administrative matters outside of hours does not justify it.
If the boss violates the law, it may be expensive
Employers who contain workers outside legal time to incorporate a labor offense. The severity of the infraction and the size of the company determine the value of the fine.
According to the informational regime in force, the fines may vary between 306 euros and 7342 euros. The recurrence aggravates the amounts by 50%, and the employer may still have to pay the costs of the process.
And the worker may be entitled to compensation
If the worker proves that he has been injured with improper contact (for example, if he is anxious, sleep disorders or other personal damage) he may submit a complaint or advance with a lawsuit. In these cases, the courts may assign compensation that, in practice, range from 500 to 5000 euros, depending on the severity of the impact.
In extreme cases, if there is insistence or harassment, compensation may still be cumulated with other compensations provided for in the Labor Law. The employer may be held responsible for property and non -heritage damage, as determined by the Labor Code in conjunction with the Civil Code.
Proving is critical: what to do if contacted?
To protect themselves, the worker must store calls of calls, messages or emails received outside hours. If there is insistence, pressure or repetition, you must file a complaint with ACT or, alternatively, seek legal support and go to court.
In these cases, the charges are the responsibility of the employer, including eventual compensation, fines and procedural costs.
In rest time, silence is a right
The technical note of the clear reminder: the right to rest is legally protected and its non -compliance has consequences. Contacting workers during the holidays, even if it seems harmless, can be an expensive and illegal mistake.
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