Should managers and bosses be allowed to text and email their employees whenever they want? In some fields, “yes” is a no brainer answer. But one country just decided to ban the practice — and fine people who violate the rules.
Portugal’s new law sets a standard for communication and restricts when bosses can contact workers.
Under the law, which passed last week, an employer must “respect the privacy of the worker,” and that includes periods of rest and family time, CNN reported. Though the law is already in effect, fines for violations were not available.
The new laws were reportedly made to better balance the lives of remote workers - and also include stipulations that allow for employees with children under eight years old to choose to work from home, according to The Hill.
“We consider Portugal one of the best places in the world for these digital nomads and remote workers to choose to live in,” Ana Mendes, Portugal's minister of Labor and Social Security said in a conference. “We want to attract them to Portugal,”
So, should California also set some limits when it comes to work-related emails and texts while employees are off the clock?
Brad Kane, an employment attorney with the Kane Law Firm in Los Angeles, said if you don’t answer you could technically be terminated.
“Day, night. If it’s an emergency or if they’re just in the mood to text you at 2 a.m. and you don’t respond...you can be fired in California for any reason or no reason,” Kane said. “There is no right to work from home except a very narrow one.
Don’t worry, there are also a few pieces of good news.
“California’s ahead of Portugal in a couple respects,” Kane said. “Because we’re probably the most employee-friendly state in the nation. Whereas in Portugal, if you’re working from home and it increases your costs...let's say you have to pay more for your internet, it increases your electricity, then [California will] make the employer reimburse you.”
Kane added that while your employer can message you at all hours in California, you can also charge them for your time.
“If you get that text at 2 a.m. you get to charge your employer for it,” Kane said, even if it's a minute-long interaction. And if down the road you get fired but never got paid for those short interactions — you could have a lawsuit on your hands.
Take a listen to the KNX In-Depth segment above to hear Kane explain!