Do I have the right to ban the use of mobile phones during working hours?

Employers may limit employee rights and personal freedoms. However, that does not mean that it is possible to completely ban the use of mobile phones during working hours.

No, it is very dangerous to generally and absolutely ban the use of personal telephones.

Limitations must be justified by the nature of the task being performed and proportional to the purpose pursued (Labor Law, Art L.1121-1).

The rules of procedure cannot be justified by the nature of the task to be performed and cannot include restrictions proportional to the purpose pursued (Labor Law, Article L.1321-3).

However, for safety reasons, you may prohibit the use of the telephone while driving the device, handling dangerous products, or when there is a risk of interference with electronic devices. However, employees working alone in the office are prohibited from using their mobile phones. The phone doesn’t seem to be justified.

3G Mobile Phone Jammer

Using cell phone signal jammer can be annoying to other employees. Therefore, it should be used with caution. For example, you can set usage rules such as asking an employee to put the phone in vibrator mode or making a call outside the office.

Commission Nationale Informatiqueet Libertés (CNIL) authorizes use for personal purposes within the company, provided that the telephone and the Internet are of reasonable use.

Remember that employees fulfill their employment contracts in good faith. There needs to be a reason to use the phone. Don’t sacrifice work performance. In case of abuse, employees can be punished. You need to be able to prove abuse of your personal phone during working hours …

To accurately determine the scope of your rights in disciplinary matters, Tissot Editions advises the document “Tissot Social Enterprises” whose complete file is dedicated to “Disciplinary and Disciplinary Procedures”.

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