Possible source of interference
Can a manager ban cell phones at work?
August 19, 2024 at 7:50 PM
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Not having your smartphone handy is unthinkable for most of us. However, some employers prohibit the use of personal cell phones at work. Is this allowed?
Do you put your cell phone on the table at work or look at it when you get a message? What is normal in some companies may be forbidden in other workplaces. But can a boss really order a cell phone ban?
According to labor law specialist Catherine Schulz-Zumkli, the basic rule is: “The employer is allowed to define the work obligation and regulate work conduct.” This also includes limiting the use of mobile phones or other potential “sources of interference” during working hours. In particular, it can stipulate that mobile phones may only be used in the workplace in silent mode to avoid distraction.
Camera function: Smartphones are often allowed to be blocked.
Another aspect is the camera function of cell phones. This could legitimately lead an employer to ban the use of cell phones in the company to prevent unwanted recordings. Since almost all smartphones today have a camera, this could actually amount to a ban on cell phones, according to Schulz-Zumkli.
By the way: According to the Federal Labor Court's ruling (ref. 1 ABR 24/22), the works council is also not entitled to take a joint decision on this matter. The court decided that work conduct, free from participation in decision-making, is the priority and therefore there is no right to take a joint decision on the cell phone ban, Schulz-Zumkli said.
Should employees be reachable via their mobile phones in an emergency?
An exception is sometimes discussed when it comes to emergency accessibility. However, here it is not necessary for the employee to be reached via his own cell phone, but, according to Schulz-Zumkli, he can be contacted via the company phone line.
But one thing is certain: an employer cannot prohibit the use of cell phones during breaks. However, they can specify that cell phones may only be used in certain areas such as the break room or outside the company premises.
About the person: Kathrin Schulz-Sömkle is a lawyer specializing in labor law, member of the executive committee of the Labor Law Working Group of the German Bar Association (DAV) and lecturer at the German Law Academy and the Hamm Bar Association.
