An employer can prohibit the use of mobile phones at work

You may prohibit or restrict the use of mobile phones in the workplace based on your right to issue instructions (Article 7:660 of the Dutch Civil Code). The condition is that the prohibition is reasonable and proportionate, for example with regard to safety, productivity, or quality. Communicate the policy clearly in advance.

Your right to issue instructions

Pursuant to Article 7:660 of the Dutch Civil Code, an employee must comply with your reasonable instructions regarding the performance of work and order in the workplace. This may include a prohibition or restriction on the use of telephones, for example in a warehouse, production environment, or at the reception desk.

The ban must be reasonable and proportionate

A ban holds up if there is a legitimate purpose — such as safety (distraction at machines or during transport), productivity, or customer focus — and if the means to achieve it are suitable and not unnecessarily intrusive. A total ban may be justified in a high-risk environment; in other situations, a restriction may be appropriate, such as telephone use only during breaks.

Take reasonable exceptions into account

Be reasonable: employees must be reachable in emergencies for, for example, their family or school. A good arrangement allows for such situations, for instance via a telephone at a central location or use during breaks. This ensures the ban remains proportionate.

Establish the policy and enforce it consistently

Clearly communicate the telephone policy in advance and document it in an employee handbook, including the reasons and consequences of violations. Apply it consistently. In the event of a violation, respond proportionally: often a warning first, and only in the event of repetition or a serious situation, a more severe measure.

Frequently Asked Questions

Am I allowed to prohibit phone use at work?

Yes, within limits, based on your right to issue instructions (Article 7:660 of the Dutch Civil Code), provided that the prohibition is reasonable and proportionate.

May I impose a total ban?

In a high-risk environment, this may be justified. Elsewhere, a limitation is often appropriate. Take emergency accessibility into account.

What if an employee does not comply with the prohibition?

Respond proportionally: often a warning first, and only upon repetition a more severe measure. A clear, documented policy is essential in this regard.

Want to get your workplace policy right?

Our legal experts establish regulations in your employee handbook. View our employment lawteam or schedule a free consultation.