Smartphone off, focus on?
By dpa/tmn
August 19, 2024, 00:08
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Always at hand at work too? Employers have options to restrict smartphone use for employees. (to dpa: “Can the boss ban cell phones at work?”) Photo: Christin Klose/DPA
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According to specialist employment lawyer Kathrin Schulze Zumkley, the basic rule is: “The employer can specify the work obligation and regulate work behavior.” This also means that the employer can restrict the use of cell phones or other potential “sources of interference” during working hours. In particular, the employer can stipulate that cell phones may only be used in silent mode at work in order to avoid distractions.
Camera function: Smartphone ban often permitted
Kathrin Schulze Zumkley is a specialist lawyer for employment law. (to dpa: “Can the boss ban cell phones in the workplace?”)
Photo: Britta Schröder/DPA
Another aspect is the camera function of cell phones. This can justifiably lead the employer to prohibit the use of cell phones in the workplace in order to prevent unwanted recordings. Since almost all smartphones today have a camera, this can de facto amount to a ban on cell phones, according to Schulze Zumkley.
By the way: According to a ruling by the Federal Labor Court (case no. 1 ABR 24/22), the works council also has no right of co-determination in this matter. The court decided that work behavior, which is not subject to co-determination, is the main focus and therefore there is no right of co-determination in the ban on mobile phones, says Schulze Zumkley.
Do employees have to be reachable by cell phone in an emergency?
An exception is sometimes discussed when it comes to availability in emergencies. However, the employee does not necessarily have to be reachable via his or her own cell phone, but can be contacted via the company’s telephone line, according to Schulze Zumkley.
One thing is certain, however: the employer may not prohibit the use of mobile phones during breaks. However, the employer may stipulate that mobile phones may only be used in certain areas, such as the break room or outside the company premises.
About the person: Kathrin Schulze Zumkley is a specialist lawyer for 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 Hamm Bar Association.
