After-hours work chats: the need for 24/7 availability or a manifestation of toxic corporate culture and the legislative aspect

The new draft of the Civil Code proposes changes that would allow employees to ignore work calls and messages on weekends, holidays, and during vacation without risking punishment, according to the “Sudovo-Yurydychna Gazeta”.

In modern conditions, when work often goes online, the boundaries between work and personal life are becoming blurred. The continuation of the labor process during the epidemic has led to a significant increase in video calls, meetings, and communication in work chats.

The new edition of the Civil Code proposes to introduce a new concept – the right to informational peace. According to Article 337, employees will have the right not to respond to work requests during non-working hours, during weekends, holidays, and vacations. The exercise of this right should not result in disciplinary sanctions, deterioration of working conditions, or the loss of bonuses.

Interference with this right is permitted only in extreme cases, such as threats to national security, public order, or human health. This rule will not apply to certain categories of workers, such as doctors, rescuers, and military personnel, for whom the ability to stay in touch is vital.

Modern legislation already contains provisions on privacy protection, but it was developed before the emergence of new technologies and communication methods. For example, Article 301 of the Civil Code states that a person has the right to determine the limits of access to their personal information, and its disclosure is permitted only in the event of a confirmed offense.

The pandemic has introduced amendments to the Labor Code, under which remote workers can temporarily suspend communication with their employer during a designated period without it being considered a disciplinary offense. However, this rule only applies to employees who officially perform their duties remotely, which does not cover everyone.

The purpose of Article 337 is to establish the principle that working time should be paid, and rest time, when employees are out of touch. However, this norm can be circumvented by stipulating in the contract the obligation to remain in touch outside working hours, which can complicate matters regarding employees’ rights.

We will remind you that we previously reported on possible changes in the rules of seniority for self-employed persons, as well as new conditions for pension provision.