Availability at work How does it work during the holidays? What are the updated rules?

During the vacation period, is there an obligation on the worker to make himself available for a potential call from the company? Let’s see what the updated rules are.

When we talk about availability at work, we are referring to an employee’s obligation to be available after working hours, after a possible call from the company. It is clear that the request to perform work is carried out in the face of mandatory emergency situations, with the aim of avoiding dangers to people and things, avoiding damage to production, ensuring the recovery and continuity of work activities or ensuring the safety and integrity of the company’s systems.

Availability at work is not regulated by law, but the discipline is left to national collective bargaining agreements (CCNL), so many wonder how it works during the holidays.

Many wonder when being at work, during vacations, is mandatory and what are the cases stipulated in the various employment contracts of CCNL. Here are the updated rules through 2023.

Availability to work while on holidays: Rules updated through 2023

With the arrival of the holiday period, many are wondering what the rules are for the worker’s actual availability in this situation. Is presence mandatory when you are on vacation? Well, this issue has been dealt with many times by the legislator and the courts and the final decision reached is that there is no specific obligation for the worker to be available during the holidays.

The reason will be told soon! Partial or total cancellation of holidays must be communicated in advance or with advance notice of the start of holidays. Therefore, once the holidays begin, the worker can decline any requests for early returns, without incurring any judgment or penalty, unless expressly provided for in the individual employment collective bargaining agreement.

In other words, unless stated in the national reference collective labor agreement or company agreement, applicable law does not require the employer to decide whether to suspend or interrupt vacations already initiated by employees. Conversely, if the collective agreement or a specific agreement with your company provides for service availability, the worker must answer any calls on his cell phone and return to work to avoid the risk of fines. In any case, in the event of an early return from holidays after a call from your employer, you are entitled to reimbursement of expenses incurred to return to work, as well as those incurred for the period of vacation booked which you did not enjoy.