Vacation months are an attractive time for most employees to take their vacation leave. What about work at that time? Can I require the employee to answer the phone and check the e-mail box despite being on vacation? Such questions are often asked by clients of our PRWT accounting office.

Regardless of the position held, each employee employed on employment contract is guaranteed the right to a vacation leave. The leave is to regenerate the employee’s strength, i.e. the employee is to be free from performing official duties during this time.

So is the employee obliged to answer the company phone and check the company e-mail while on vacation? The answer is no.

Of course, we can deal with situations (especially among higher positions employees who feel more responsible for their work or for the team they manage) in which employees, despite being on vacation, will want to stay in touch with work to be up to date and support colleagues if necessary . However, this is not their duty (but goodwill) and, as a consequence, the employer is not able to take negative consequences if the employee does not react to the contact from the employer or client.

Establishing contact and waiting for the performance of official tasks during the employee’s vacation leave may be considered as recalling the employee from the leave (Art. 167 of the Polish labour code), along with the consequences set out in this provision.

However, the issue of the possibility of obliging an employee to remain at a certain type of disposal during the employee’s free time other than his vacation time is completely different. The employer then has other tools at his disposal and the rights and obligations of the employee are also different. More information on this subject will appear in our next post.