Both employers and employees embarking on a workation may wonder: 'How are national holidays handled in the destination country?' or 'what happens if my home country’s free days differ?. This article addresses these concerns, pointing the compliance with destination country labor laws (such as observing public holidays) to avoid contradictions and providing clear guidance to both employers and employees.
Compliance Perspective.
Firstly, it must be flagged that during a workation, the employees typically do not change their "place of habitual employment," meaning that home country employment laws continue to apply under the European Union’s legal framework (according to the Rome I Regulation, the home country employment laws ruling over the employment contract will continue to apply, although the employee is on a temporary work abroad). However, in the destination country specific overriding local employment provisions must be respected, particularly regarding national holidays, working hours, and health and safety.
For national holidays, the destination country’s rules take precedence and that is why WorkFlex strongly recommends:
No work on National Holidays in the destination country
Local labor laws often mandate that no work shall be performed on these days. Employers should not require employees to work or ignore these restrictions, as doing so could breach local compliance requirements.
Options for Employers
Employers have three main approaches to managing national holidays for employees on a workation:
Treat as PTO: Employers may ask employees to apply for a personal time off (PTO) day. However, it’s important to note that no employee can be compelled to take PTO.
Unpaid Leave: If PTO is not used, the holiday could be treated as an unpaid vacation day.
HR-Friendly Approach: From a human resources perspective, allowing employees to take the day without requiring PTO or unpaid leave can enhance their cultural experience and foster goodwill. Engaging with local traditions offers meaningful benefits that contribute to a more positive and rewarding workation experience.