Until 16.11. it is necessary to arrange the right to disconnect
What measures must employers take?
What is it about?
The right to disconnect is the right of every worker to take a rest period or during justified absences from work (Article 142a ZDR-1).
In short, it is the right for the employee to simply not work for the employer in his free time. This means that he does not answer phone calls from colleagues, superiors, subordinates, etc., does not look for employer documents or complete any reports via the computer after he has already left the workplace, does not answer emails to clients, colleagues, does not go out to the field, etc.
Who must respect the right to disconnect?
All employers - public / private.
What needs to be done?
Employers are obliged to take appropriate measures by November 16, 2024 .
The legislator does not say what these measures should be, so it is necessary to be innovative and, above all, pragmatic, to take into account the peculiarities of work and the environment at the employer.
Such measures can be more general or very specific, for example: the employee is not obliged to answer the phone during his free time, meetings are called during normal working hours, etc.
How are these measures taken?
ZDR-1 stipulates the regulation of measures through collective agreements, but most KPs have not yet regulated this. Therefore, employers will have to take appropriate measures for themselves.
We suggest that appropriate provisions be adopted in the internal act, as well as appropriate instructions for handling, monitoring and familiarizing all employees with the measures and the manner of their enforcement.
Sanction?
Fine:
How to proceed?
I suggest that you do not wait too long by accepting and determining the measures related to the right to disconnect, but settle the matter as soon as possible.
Call us and we will agree and advise you with ideas, a constructive debate.
Tanja Glušič, lawyer
What is it about?
The right to disconnect is the right of every worker to take a rest period or during justified absences from work (Article 142a ZDR-1).
In short, it is the right for the employee to simply not work for the employer in his free time. This means that he does not answer phone calls from colleagues, superiors, subordinates, etc., does not look for employer documents or complete any reports via the computer after he has already left the workplace, does not answer emails to clients, colleagues, does not go out to the field, etc.
Who must respect the right to disconnect?
All employers - public / private.
What needs to be done?
Employers are obliged to take appropriate measures by November 16, 2024 .
The legislator does not say what these measures should be, so it is necessary to be innovative and, above all, pragmatic, to take into account the peculiarities of work and the environment at the employer.
Such measures can be more general or very specific, for example: the employee is not obliged to answer the phone during his free time, meetings are called during normal working hours, etc.
How are these measures taken?
ZDR-1 stipulates the regulation of measures through collective agreements, but most KPs have not yet regulated this. Therefore, employers will have to take appropriate measures for themselves.
We suggest that appropriate provisions be adopted in the internal act, as well as appropriate instructions for handling, monitoring and familiarizing all employees with the measures and the manner of their enforcement.
Sanction?
Fine:
- 1,500 to 4,000 EUR;
- 300 to 2,000 EUR (smaller employers - up to 10 employees)
- 150 to 1,500 EUR (responsible person).
How to proceed?
I suggest that you do not wait too long by accepting and determining the measures related to the right to disconnect, but settle the matter as soon as possible.
Call us and we will agree and advise you with ideas, a constructive debate.
Tanja Glušič, lawyer