Legal questions about work and private telephone law
Questioner
We recently got a company phone (mobile), and now the boss wants us to leave our own phones at home. In case of an emergency, he or she can call the boss, who will then call me back. Can he expect you to leave your own cell phone at home or at work because it's his time??? And where can I read whether it is allowed or not???Questioner
Dear questioner, Your employer doesn't allow its employees to have their own mobile phones at work. Has he or she explained the reason for this? If an employer could impose such a measure, it would be a significant invasion of your privacy and personal lifestyle. A policy, of course, can't go that far. An employer can, however, draw up policy rules (which must of course be reasonable and made known) regarding calling (but also internet use, smoking, etc.) during working hours. If you have any additional information, please let us know so we can assist you further.Questioner
Hello Nadja, In the past, we often used private phones for calling, but that's no longer the case, and the boss thinks it does, saying it gives us peace of mind... because we'd otherwise be distracted. We can take the cell phone with us if there is a reason... We're often away from the office, and I check my emails and the internet during breaks, so we need permission to take my phone with us and use it during breaks. Also indicated that my mother is heart-passionate and when she calls it is urgent, his answer is: Then you give her the number and otherwise she calls me (boss) first and then I call you (me) to tell you to call your mother... This is getting too crazy and shouldn't be allowed? We consist of 4 full-time employees and we all disagreeQuestioner
Your lunch break is your own time (after all, your employer doesn't pay for this time). During this time, you are free from work and can, in principle, organize it as you wish. If there are no other reasons (safety related to working with machinery?), I see no reason (and also no basis in employment law) to (merely) bring a mobile phone to work. Calling and using the internet during working hours is a different matter, as already mentioned above. Perhaps you and your colleagues could write a joint letter to your employer, or to the Works Council or Employee Representation? Kind regards and good luck. If you need further legal assistance, you can ask me or one of the lawyers on this platform to help you.Questioner
But he still doesn't want them in your pocket during work hours since these are work hours, he says... So I need permission to take my cell phone on location to use during breaks...Take the next step
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