It’s convenient to get a mobile phone from the company. But not everyone is entitled to it. And what if you accidentally break the phone? We clarify all questions on the topic.
Is there a landline phone on your desk? Or do you manage your professional life via your work cell phone? Especially in times of hybrid working, the company smartphone has prevailed as a work tool in many places. It is good if employees are familiar with the legal rules. The most important questions and answers at a glance.
“No, that is at the discretion of the employer,” says Peter Meyer, a specialist lawyer for labor law in Berlin. The employer can decide whether and to whom he makes a company mobile phone available.
He doesn’t have to treat everyone the same. “If other colleagues use a company mobile phone, that does not in itself justify the right to get one yourself,” says Daniel Stach, a lawyer at the Verdi union.
However, a legally enforceable claim can result from the employment contract, from a service or company agreement or from the collective agreement.
In such cases, employers usually provide a company mobile phone voluntarily. “This is the case, for example, when there is an on-call service in a company,” says Peter Meyer.
Then employers also bear the costs for the mobile phone provider. “After all, no one can oblige employees to use their private mobile phones for business calls,” says Verdi lawyer Stach.
“It is precisely then that employees need a company mobile phone,” says Peter Meyer. Stach points out that it is not compatible with German labor law if employees are supposed to use their private mobile devices for work.
Employers would therefore provide needs-based equipment with company cell phones, notebooks and other mobile devices, mostly on a voluntary basis.
As a rule, employees are not permitted to use their company cell phone for private purposes. “An exception is when the employer allows or tolerates private use,” says Daniel Stach. However, for a toleration it is not enough that employees have also used the company device privately for a long time. The employer must know that the employee is using the device privately.
What if the company cell phone is damaged or broken?
“Employees must inform the employer immediately about damage or defects to the company mobile phone,” says Peter Meyer.
According to Daniel Stach, if there are no rules on how to deal with broken company mobile phones, employers must decide for themselves whether they want to repair the defective device, replace it or forego the mobile device in the future. Who bears the costs depends on how much the employee was at fault in the individual case.
“Employees may have to pay the employer compensation,” says specialist lawyer Meyer. That depends on whether they intentionally or negligently caused damage to the employer’s property.
“If the company cell phone is used purely for business purposes, the employer must also pay for the additional costs,” says lawyer Meyer. Difficulties can arise if employees do not only use the company cell phone for professional purposes, but employers do not want to bear the costs for private phone calls and Internet surfing.
Union secretary Stach says: “Here it is advisable to conclude an agreement with the company interest groups in order to avoid problems with billing.”
