Private life
"Phones stay in the locker during work."
The company bans private phone use during working hours.
§ 106 GewO / § 87 Abs. 1 Nr. 1 BetrVG
This is allowed
Yes, a ban on private use is generally allowed.
During working hours you owe work — so the company may restrict or ban private phone use (right to give instructions, § 106 GewO). Rules like "phones in the locker" are usually allowed too, especially for safety or data protection reasons. If there is a works council, it must co-determine such rules on conduct (§ 87 (1) no. 1 BetrVG). During breaks you may use your phone, because the break is your free time. And in real emergencies your family must be able to reach you, e.g. via the company phone. Violations can lead to a warning.
What the law says
§ 106 GewO – Right to give instructions
The employer may determine the content, place and time of work as well as order and conduct in the company at its reasonable discretion.
§ 87 (1) no. 1 BetrVG – Co-determination
The works council has a right of co-determination in matters of company order and employee conduct.
What you can do
- During your break, the phone is yours.
- Give your family the company's number for emergencies.
- If you need the phone for work (photos, authentication), the company must regulate that.
- With a works council: ask about the works agreement.