Is it within the boss's authority to impose a cell phone ban in the workplace?
Feeling without your phone at arm's reach during work hours? For many, it's almost incomprehensible. Yet, some employers enforce such restrictions. Is this legal?
Checking your phone under the desk or peeking at it when a notification pops up? What's acceptable in some workplaces might be a no-no in others. But do employers truly have the power to enforce a mobile phone ban?
Employment law expert Kathrin Schulze Zumkley confirms, "Employers have the authority to dictate work responsibilities and regulate workplace conduct." This includes limiting phone usage or any possible distractions during work hours. In fact, they can mandate that phones operate in silent mode to avoid such disturbances.
Camera function: The basis for phone prohibitions
Another area worthy of consideration is the camera feature of smartphones. This could easily justify employers in prohibiting phone use at work to prevent unauthorized recordings. Given that almost all phones come with built-in cameras, this effectively translates into a de facto phone ban, according to Schulze Zumkley.
Intriguingly, the works council does not have a say in the matter, as decided by the Federal Labor Court (Case No. 1 ABR 24/22). The court ruled that the right to regulate workplace conduct takes precedence, implying no works council involvement regarding phone bans, Schulze Zumkley clarified.
Must workers be contactable during emergencies?
An exception to mobile phone use restrictions sometimes occurs in emergency situations. However, workers are not obligated to be contactable via their personal phones. Instead, they can be reached through the company's phone system, according to Schulze Zumkley.
That being said, employers cannot forbid phone use during breaks. They can, however, specify certain areas, such as the break room or outside the company premises, where phones can be used.
Background on the expert: Kathrin Schulze Zumkley is a specialist in employment law, a member of the executive committee of the Employment Law Working Group of the German Bar Association (DAV), and a lecturer at the German Lawyers' Academy and the Bar Association of Hamm.
Employers have the right to regulate workplace conduct, including limiting phone usage and enforcing silent mode, due to potential distractions (Legal matters). In certain instances, workers may not be obligated to be contactable via their personal phones during emergency situations, but they can be reached through the company's phone system (Legal matters).
