Mobile phones in the workplace: what is reasonable?

Facebook, WhatsApp, or games like Pokémon Go: distractions at work are only increasing. And mobile phones often play a part in this. To what extent should you tolerate mobile phones in the workplace? What is reasonable, and what can you expect from your employees? MKB Juristen outlines the most important rules.

Regulating mobile phone usage

You may include agreements regarding the use of mobile phones in the employment contract or in an employee handbook . For example, you can state that employees are not allowed to use a mobile phone while working, but may do so during breaks. Or that they may only use the work phone for business calls. Another possibility is that they may only answer calls from family members, although this is difficult to monitor. In other words, you can include various agreements, but in a force majeure situation , an employee will essentially always be able to make a phone call. The most important thing, of course, is that all the texting doesn't get out of hand.

Even if you have not included any provisions in regulations or an agreement, you may take measures to limit the use of smartphones in the workplace. As an employer, you have the right to issue instructions , and the ultimate goal is for employees to be effectively engaged in their work during working hours. Additionally, you can point out that mobile phone use is disruptive to other employees. There are plenty of reasons to verbally prohibit it. However, practice shows that such restrictions are better adhered to when they are in writing.

Banning smartphones cannot be done just like that

What is not simply permitted, however, is determining that mobile phones are not welcome in the company. On the one hand, you cannot and may not simply check such a thing, while on the other hand, it is unreasonable to cut the employee off from the outside world. only permitted when there are compelling reasons, for example because it could interfere with medical equipment or because detainees might run off with it. Usually, you will really have to fall back on practical agreements.

Sanctioning unlawful use of mobile phones

When an employee fails to comply with the rules, you can impose sanctions. In principle, however, you must first issue a warning before proceeding to a reprimand, fine, or suspension. Moreover, you cannot simply choose which sanction to impose. For a fine, for example, you must take into account the rules set out in the employment contract or the regulations, while numerous other restrictions also apply. Here, too, we emphasize the importance of a good employee handbook.

On the other hand, you must understand that any rules must be enforced consistently. It cannot be the intention to first put the rules on hold and then tighten the reins. Nor is it acceptable for only some employees to be required to follow the rules, while other colleagues are allowed to make calls freely. You also have a role model function in this regard. What is possible, however, is to different rules for different departments and positions . That is also logical: just because you prohibit a driver from making calls while working does not mean that colleagues in the office have to bear the consequences.

Have an employee handbook drafted by MKB Juristen

Whatever you decide, everything stands or falls with clear rules set out in the employee handbook. Have the employee handbook drafted by one of the legal experts at MKB Juristen and prevent problems. Schedule an intake meeting today.