How can employers ensure business continuity during the summer period?
Planning annual leave is, of course, the most immediate topic.
The applicable framework is set out in Law No. 619 on annual paid leave, under which the leave period is determined by the employer, taking into account customary practice and after consultation - not approval - of the staff representatives or, failing that, the employees concerned.
Similarly, it is for the employer to determine the order in which employees take leave.
Companies therefore have significant flexibility in setting paid leave periods and staggering employee absences, provided, of course, that they do not exercise their prerogatives in an abusive or discriminatory manner, and that the employees concerned are notified within the time limits required by law.
This central role of the employer in managing the taking of paid leave is the first key tool for preserving - and ensuring - the smooth continuation of business activity during the summer period.
“Thank you for your email. I am out of the office.”
Maintaining continuity while an employee is away on paid leave should also prompt employers to consider the management of telecommunication tools.
In this respect, the Personal Data Protection Authority (ADPD) has issued recommendations on access to the email account and workstation of an absent employee.
These recommendations also apply in cases of temporary absence due to paid leave. They help preserve business continuity by allowing the employer to access the professional data of employees on holiday, while ensuring the protection of their personal data.
The implementation of an out-of-office message, automatic email forwarding and access to an employee’s workstation must therefore comply with these recommendations and, where applicable, with the company’s IT policy, in order to avoid being considered abusive.
