A video call on the beach, a chat message at the airport, a text message at the hotel bar: The majority of employees who have planned a summer vacation this year are also available for work during this time.
According to the industry association BITKOM, about two-thirds of working people are reachable by phone (65 percent) or via text messages such as SMS or WhatsApp (63 percent). Just under a quarter (23 percent) read or reply to work emails. 17 percent are available for video calls via platforms like Skype, Zoom, or FaceTime, and 11 percent can be contacted through collaboration tools such as Microsoft Teams or Slack. More than half (57 percent) of working people are available during their summer vacation because they assume their supervisors expect it. Half (49 percent) believe their colleagues expect it, while 44 percent assume their customers expect it. Only 14 percent say of their own accord that they want to be available during their summer vacation.
A Lack of Clear Agreements
The pressure on employees to be constantly available remains high, even though the figures have declined slightly compared to the previous year (71 percent). Furthermore, there is often a lack of clear guidelines on how and when such mobile devices should be used. This is all the more true given that 60 percent of those who are available for work while on vacation believe that their supervisors expect this of them. According to BITKOM, 55 percent want to meet the perceived expectations of their colleagues, and 38 percent want to meet those of their customers. One-fifth (21 percent) say, “My business partners expect this of me,” while 16 percent want to be available to their colleagues.
No Obligation to Be Constantly Available
Working from anywhere in the world, around the clock: smartphone and laptop technology makes it possible. But even those provided with a smartphone for work purposes are not automatically obligated to read and respond to work emails in the evenings, on weekends, or while on vacation. This is a right that fewer and fewer employees are asserting because they hardly pay attention to the limits of their own capacity anymore.
Under labor law, there is no obligation to be constantly available via mobile devices or to respond to electronic messages outside of work hours. Furthermore, the employer must ensure that employees do not exceed the maximum working hours and comply with the 11-hour rest period required by the Working Hours Act. Additionally, the employer may only require the use of mobile devices if the works council gives its consent.
Only if so-called “on-call duty” has been agreed upon in an employment contract or collective bargaining agreement must an employee be available on call to “commence work immediately.” The employer must then provide special compensation for the time spent on call.
Escape the Smartphone Trap
Without the works council’s approval, employers cannot simply mandate the use of cell phones. Therefore, no employee is required to take their smartphone to bed. Instead, they should make a conscious effort to enjoy their free time or vacation. That’s why:
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Set core working hours: It’s enough to check your inbox two or three times a day. This should also be taken to heart at work.
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Switch to silent mode: This prevents you from having to constantly respond to notifications.
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Log out: Turn off the device or disable its online functions. This ensures that no emails reach you during your free time.
