Introduction
In a world where cell phones are an integral part of daily life, the question often arises: Is it okay to use your phone during work hours? Although brief personal phone use is tolerated in many cases, habitual or excessive use can lead to serious consequences. This blog explains what is and isn’t legally permitted, how employers can establish codes of conduct, and what the risks are for employees who ignore these rules.
Cell Phone Use: What’s Allowed and What Isn’t?
A quick call to the family doctor or a quick message to the babysitter is usually not a problem. In practice, many employers have a policy of tolerance for occasional and limited phone use. However, the line is crossed when there is intensive personal use, such as watching videos for long periods, actively using social media, or constantly responding to personal messages.
Employers have the right to set rules regarding cell phone use during work hours. They can do so, for example, by:
- an employee handbook;
- a code of conduct;
- or specific written house rules.
Once these rules have been communicated to the staff, employees are expected to comply with them.
The Importance of Clear House Rules
An employer may not simply impose disciplinary measures without clear rules of conduct. It is therefore essential that the employer clearly communicate what the expectations are. For example, a rule might state that the use of cell phones is not permitted during customer interactions or while working at the front desk.
A telling example that circulated on social media is the rule “not too much Dumpert,” a lighthearted way of indicating that watching videos for extended periods during work hours is undesirable. No matter how playful the wording may be, if the policy is clear and well-defined, serious consequences can result from violating it.
For employees: Read and understand the organization’s policies. Ignorance of the rules rarely offers protection in the event of disputes or termination proceedings.
Case Law: Dismissal for Cell Phone Use
A ruling by the Amsterdam Subdistrict Court shows that violating rules regarding cell phone use can have far-reaching consequences. In this case, an employee of a clothing store was summarily dismissed because she consistently used her phone for personal purposes, despite repeated warnings and an explicit prohibition in an internal memo.
The judge ruled that the termination was legally valid. The decisive factor was that:
- the rules of conduct were clearly set forth in writing;
- the employee had been warned several times;
- and yet she continued to use it without authorization.
This ruling shows that employers are entitled to intervene if telephone use interferes with work performance or business operations, especially when rules of conduct have been violated.
Conclusion
Using a cell phone at work is not necessarily prohibited, but it must remain within the limits set by the employer. Those limits should be clearly defined and communicated. Employees would be wise to take these rules seriously, as repeated violations can lead to disciplinary action or even immediate termination. Employers, in turn, must ensure a well-defined policy and transparent communication to prevent conflicts.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about codes of conduct. Please feel free to contact us .
April 2025