For several years now, smartphones have completely invaded our daily lives. If they are a source of entertainment in many ways, they can represent a real nuisance, especially when they are used in the company during working hours. What are the rules on this?
Smartphone in the workplace: what the law says
Faced with the scourge that can represent the overuse of the cell phone in the company (procrastination, decreased productivity, reduced hours worked …), many employers are seeking to know if it is possible to simply prohibit the use. To the great displeasure of some managers, the labor code does not allow to prohibit the use of personal cell phones.
A general and absolute ban on the use of their smartphone in the office and during working hours would infringe on employees’ individual freedoms (Article L.1121-1) and would be considered abusive by the case law. However, it is possible to restrict employees’ rights for justified reasons, such as safety in the case of high-risk professions (working on scaffolding, driving vehicles, etc.).
Tips for managing smartphone use in the workplace
It is also possible to restrict the use of cell phones during working hours, especially to avoid noise pollution or when it is detrimental to the company. For example, it is advisable to impose rules: the use of vibrate or silent mode, phone calls outside the office, on a dedicated platform… In general, employees should be asked to be reasonable. The objective is to regulate excessive use of the phone, not to ban it.
One tip is to draw up a memo or a charter of good conduct also known as a relationship charter. It should be noted that in case of abuse, for example when an employee uses his personal cell phone to the detriment of his working time, he may be sanctioned. This is often specified in the internal regulations.
The professional phone: an interesting alternative
To limit the use of the personal smartphone in the workplace, an alternative is to promote the use of a professional cell phone. However, the challenge is to offer reliable terminals to avoid security breaches and cyber-attacks.
These smartphones allow employees to work remotely without losing contact with their hierarchy. They are therefore very useful for a company, provided that employees are not required to answer their phones outside of working hours, as they have the right to disconnect. Moreover, the only reason why an employee can oppose the use of a professional cell phone is if this implementation is accompanied by additional responsibilities.