Exchanging messages outside of working hours; is this workplace harassment?

With e-mail and instant messaging, companies have the possibility of communicating with their collaborators outside the spaces and schedules established in the contract of work, but, should it be done? … should it be allowed?

Technology, specifically, the digital communication of the companies with their collaborators has become frequent and, although in other countries it has begun to regulate the subject and some companies have policies for its use.

By definition maltreatment, persecution, discrimination, obstruction, inequality and lack of protection in the workplace are considered as harassing behavior, when they constitute persistent and demonstrable behaviors, and do not contemplate the exchange of messages during non-working hours such as harassment labor.

A lawyer from Norton Rose Fulbright, points out that it is not possible to talk about workplace harassment when e-mails are exchanged outside of work and there is no legal obligation to regulate digital communication, but it points out that companies today cannot ignore the active role that technology plays in the development of labor relations and the importance of managing it properly.

.... is this the boss calling about work in my time....??

The working hours must be established in the contracts signed by the people when entering the organization, for this reason, businessmen and those in charge of public and private entities should be respectful, not abuse workers by placing tasks outside their working day in the company.

When the exchange of messages of a boss with his collaborator outside the hours stipulated by the company is constant, there is a risk of affecting the mental health of the worker by the high presence of the organization in the life of the person, which can cause High stress. The boss becomes very present and prevents the subject from making a clear separation between family and personal work space for recreation and rest because people would be subject to being always available to the organization; there must be a separation of schedules.

Health implies physical and mental stability, so stress levels are related to healthy work. The World Health Organization (WHO) defines it as the one in which the pressure on the employee corresponds with his abilities and resources, the degree of control he exerts on his activity and the support he receives and one of its causes are unpredictable working hours.

In some countries, this is not regulated; but in other countries it is. In France, a law was passed that opened the door to the regulation of digital communication outside work during the presidential term of François Hollande. The European Agency for Safety and Health at Work indicates that the risk of harassment at work increases when the employee is at extreme levels of labor demand.

References:


http://www.nortonrosefulbright.com/ https://osha.europa.eu/en http://www.who.int/en/

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