Austria's worker: a right to unavoidability on vacation?

Austria's worker: a right to unavoidability on vacation?

Österreich - A remarkable trend is emerging in Austria that affects the topic of the unavoidability of employees during their free time. According to a report by Melchers Law state that it is based in Germany, based on a judgment of the Federal Functioning Court (BAG) from August 23) 2023, there is no legal right to non -accessibility for employees. In the underlying case, an employee of an emergency services noted that he was not obliged to take on shift services outside of specified deadline. The dispute revolved around the credit of the working hours.

The BAG makes it clear that legal regulations only exist during maximum working hours, rest periods and the ban on Sunday and public holiday work. Employees must also take note of minor organizational instructions in their free time, provided that they are aware of this. The short-term acceptance of instructions, such as reading e-mails, is not regarded as working hours in occupational safety law; Rather, this is considered an ancillary obligation that should not significantly affect leisure time.

The compensation between employer and employee interests

The central statement from this information is that there is no absolute right to non -accessibility, but also no continuous obligation to access the accessibility outside of working hours. The goal should be a balanced compromise that preserves both the interests of employers and those of the employees, with flexibility and health protection into account. Employers should record an obligation to know organizational instructions in their employment contracts or company agreements in order to create clear rules.

These ongoing discussions about the unavoidability of employees show that the world of work is changing. It remains to be seen how this debate will continue to develop at a legal and social level. In Austria, awareness of the importance of leisure and the associated non-accessibility has obviously grown, which could possibly lead to new legal regulations that improve the work-life balance of employees.