Answer: In normal circumstances, employers should refrain from contact their employees outside their normal work hours, as this can disrupt the employees¡¯ private time.
However, in exceptional circumstances, an employer may still be entitled to contact its employee outside normal work hours. These circumstances include: emergencies, important situations require early notification or contact, employee absence or being out of contact, employee being on call or working from home, employee being on sick leave, and employee being suspended from work. The guiding principle is that employers should treat employees honestly and in good faith, respecting their personal time.
Likewise, employees should also treat employers honestly and in good faith. They should understand that employers may need to contact them due to business needs and should not overly emphasize privacy while at the expense of the legitimate interests of employers.
This article is a part of our new book“Employment Law in China: A Practical Guide. A book about “What should I do” with case laws.”Stay tuned, and the book will soon be published as an electronic books!
Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
Email: wangdong@royalaw.com