خبير موارد لـ«عكاظ»: من حق الموظف تجاهل اتصالات العمل بعد الدوام

An important question arises in light of the increasing use of smartphones, email, and communication applications in work environments: Does an employee's relationship with their job end as soon as they leave the workplace and the working hours are over?

Many organizations have begun to rely on communication outside of working hours, and sometimes it goes beyond just reminding employees of the tasks for the next day, extending to assigning actual work to employees after their shifts have ended.

Human resources and labor law expert Dr. Khaled Rashad Khayyat stated through "Okaz" that any communication from managers and supervisors with employees outside of working hours, when it includes an assignment of actual work, whether via phone, WhatsApp, or email, is considered additional work that the employee deserves financial compensation for. He clarified that this is different from merely reminding an employee of a task or informing them of work they will perform the next day, as the employee's commitment is only during the specified working hours.

Expert Khayyat confirmed that Article 107 of the Labor Law stipulates the payment of additional wages for overtime hours, equivalent to the hourly wage plus 50% of the basic wage. The law also allows, with the worker's consent, for compensatory leave to be calculated instead of financial compensation. Additionally, the worker has the right to request that the assignment of additional work be documented in writing or electronically, specifying the required hours, to protect their rights.

He added that the concept of overtime does not only apply to the employee remaining in the workplace after working hours, but also includes any task assigned outside the workplace, even if the employee is at home, as long as the assignment was made outside of official working hours.

Regarding the proof of time spent executing tasks sent electronically, expert Khayyat explained that this is subject to proof between the worker and the employer, and one can rely on the time of sending the assignment and the time of delivering the task after completion, or the employee can clarify in advance the expected duration for completing the work.

Khayyat emphasized that the employee has the full right not to respond to work-related calls after working hours, and they have the right to turn off their phone or ignore messages, except for jobs that stipulate in the employment contract the necessity for the employee to remain available outside of working hours in exchange for a specified financial allowance. He also confirmed that the employee is not obligated to join work-related WhatsApp groups if they are using their personal phone and bearing the costs, and they have the right to leave or delete the groups unless the organization provides a dedicated work phone and the contract specifies the use of those channels.

Work-related Injury Outside the Workplace

In terms of occupational safety, the human resources expert clarified that the employer is responsible for any injury that the employee suffers while performing a task related to work outside the workplace or outside working hours, and it may be considered a work-related injury according to labor law.

He warned that frequent calls and professional requests outside of working hours may lead to employee fatigue and decreased productivity, possibly resulting in burnout, emphasizing the need to respect the employee's privacy and family circumstances. He concluded by asserting that tasks that can be postponed should be deferred to working hours, while only emergency cases should be executed, while preserving the employee's right to financial compensation for additional work.