Right to disconnect on holiday: can your boss contact you on annual leave? (France, Ireland, Portugal, Australia)
Right to disconnect laws in France, Ireland, Portugal and Australia let employees switch off outside working time, and Portugal bars employer contact during rest periods except for force majeure. Here is what each law says, plus a no-contact policy, handover checklist and templates for annual leave.
Can your boss contact you on holiday? In France, Ireland, Portugal and Australia the law or an official code says employees can switch off outside working time, and in Portugal the employer must not contact staff during their rest period at all except in cases of force majeure. Elsewhere the rules are softer: France requires companies with union representatives to negotiate an agreement or, failing that, write a charter, Ireland has a Code of Practice that is admissible in evidence, and Australia gives employees a right to refuse to read or reply unless refusing is unreasonable. For a manager, the practical answer is the same everywhere: write a no-contact rule for annual leave, plan the handover before the leave starts, and keep any exception narrow.
What does the right to disconnect law say in each country?
The four regimes differ in who carries the duty and what happens on a breach. As of 2026:
| Country | Source | What it requires | Who it covers |
|---|---|---|---|
| France | Code du travail, art. L2242-17 (7°) | Mandatory negotiation on how employees exercise their right to disconnect, so that rest and holiday time (temps de repos et de congé) are respected. With no agreement, the employer writes a charter after consulting the CSE | Companies with union representatives that must hold the annual negotiation |
| Ireland | WRC Code of Practice on the Right to Disconnect (S.I. No. 159/2021) | Three elements: no routine work outside normal hours, no penalty for refusing, and a duty to respect others' right to disconnect | All types of employment: remote, fixed location, at home or mobile |
| Portugal | Código do Trabalho, art. 199.º-A (added by Law 83/2021) | The employer must refrain from contacting the employee during the rest period, except in cases of force majeure | All employment relationships, not only remote workers |
| Australia | Fair Work Act right to disconnect | Employees may refuse to monitor, read or respond to contact outside working hours unless the refusal is unreasonable | Since 26 August 2024 for employers with 15 or more employees; since 26 August 2025 for small businesses (fewer than 15) |
France: L2242-17 and the disconnection charter
Article L2242-17 of the Code du travail lists the right to disconnect as a topic of the mandatory negotiation on quality of working life. The negotiation covers "the arrangements for the full exercise by the employee of the right to disconnect" and the tools the company uses to regulate digital devices, so that rest periods, holidays and family life are respected. Where no agreement is reached, the employer draws up a charter after hearing the social and economic committee (CSE).
Ireland: the 2021 Code of Practice
Ireland has no standalone statutory right to disconnect. The Workplace Relations Commission's Code of Practice fills the gap. Failing to follow it is not an offence in itself, but in proceedings before a court, the Labour Court or the WRC the Code is admissible in evidence and relevant provisions are taken into account. The Code is explicit about holidays: a policy "should emphasise that there is an expectation that staff disconnect from work emails, messages, etc., outside of their normal working hours and during annual leave."
Portugal: a duty to abstain from contact
Portugal goes furthest. Article 199.º-A of the Labour Code, in force since 1 January 2022, places the duty on the employer: no contact during the employee's rest period except in cases of force majeure. Treating an employee less favourably for using their rest period counts as discrimination, and a breach of the no-contact duty is a serious administrative offence (contraordenação grave). The labour inspectorate (ACT) treats any communication, or attempted communication, that interrupts the rest period as "contact".
Australia: the right to refuse, by business size
In Australia, out-of-hours contact is not unlawful. What the law protects is the employee's refusal to monitor, read or respond to contact from the employer or a third party, unless that refusal is unreasonable. Whether it is unreasonable depends on the circumstances, including:
- the reason for the contact
- how the contact is made and how disruptive it is
- any extra pay or compensation for being available or working additional hours
- the employee's role and level of responsibility
- their personal circumstances, including family or caring responsibilities
The right started on 26 August 2024 for employers with 15 or more employees and on 26 August 2025 for small business employers. Casuals count towards the 15 only if engaged on a regular and systematic basis.
Can my boss contact me on holiday?
Usually the real question is whether you have to answer. In Portugal the employer should not make the contact at all, short of force majeure. In Australia you can refuse to read or reply unless refusing would be unreasonable. In Ireland the Code expects staff to disconnect during annual leave and says no one should be penalised for not engaging. In France it depends on your company's agreement or charter.
What should a no-contact policy for annual leave say?
The Irish Code's guidance works as a checklist in any country. A holiday no-contact clause covers:
- The default. Nobody is expected to read or reply to work email, chat or calls while on annual leave.
- Narrow exceptions. Define them, for example a genuine emergency or (in Portugal) force majeure. The Irish Code says emergency messages "should be the exception, not the norm."
- One channel for exceptions. A phone call from a named manager, not a flood of chat pings.
- No penalty. State that not replying while on leave never affects reviews, pay or promotion.
- Sender etiquette. The Code suggests out-of-office replies, email footers and "delay send" so messages arrive on the next working day.
- Manager duties. Managers model the behaviour and fix workload problems that stop people switching off.
- Review. The Irish Code suggests reviewing the policy annually.
Template clause
Contact during annual leave. When you are on approved annual leave you are not expected to monitor, read or reply to work messages. Your cover person, named in your handover, handles your work. In a genuine emergency only [role] may contact you, by phone. You will not be treated less favourably for not responding while on leave.
Template out-of-office message
I'm on annual leave until [date] and won't be reading messages. For anything urgent, contact [cover name] at [email]. Your message won't be forwarded.
Handover checklist before annual leave
A no-contact rule only holds if nobody needs the person who is away. Before leave starts:
- Name a cover person for each open task, and tell clients who that is
- Write down status, next steps and where the files live
- Hand over approvals, passwords to shared tools and recurring jobs
- Set the out-of-office reply and a calendar block
- Mute work chat notifications on personal devices
- Agree the one emergency route and who may use it
- Book a short catch-up for the first morning back
Our guide to holiday season cover planning covers the rota side, and the annual leave policy template has a section you can paste this clause into.
How Absenca helps teams switch off
Absenca shows approved leave on a team calendar and wallchart, so colleagues can see who is away and pick the right cover person instead of messaging someone on holiday. Each office keeps its own time zone and public holidays. The Free plan covers up to 10 people with no end date; see pricing for larger teams.
FAQ
Is there a right to disconnect law in Ireland?
Not as a standalone statute. The WRC Code of Practice from 2021 sets out the right, and while breaching it is not an offence, it is admissible in evidence before the WRC, the Labour Court and the courts.
When did the right to disconnect start in Australia for small businesses?
On 26 August 2025. Employers with 15 or more employees have been covered since 26 August 2024.
Can my employer in Portugal message me on holiday?
The Labour Code says the employer must refrain from contacting you during your rest period except in cases of force majeure. A breach is a serious administrative offence.
Do French small businesses need a disconnection charter?
The L2242-17 duty sits in the mandatory negotiation that applies to companies with union representatives. Firms without that duty must still make sure the right to disconnect is respected, and adopting a charter voluntarily is good practice.
Does a no-contact policy mean I can never call someone on leave?
No. Portugal allows contact in cases of force majeure, the Irish Code allows for genuine emergencies, and in Australia refusing can be unreasonable depending on the circumstances. A good policy defines exceptions narrowly and names who can make the call.
Rules vary and change; as of 2026, check the official source for your country (Légifrance, the WRC, the Portuguese Labour Code or the Fair Work Ombudsman) before you rely on them.