Charging your cell phone at work – is that a punishable offense?
For many employees it is a matter of course - they take their smartphone with them to work and when the battery is empty, they charge it there. But is this actually allowed and does it have to be tolerated or even approved by an employer?
The employer has safety obligations
Whether an employer allows an employee to work on his Workplace Using and charging your personal smartphone is not just a question of tolerance and a ban is also not a question of pettiness.
In the event that this is approved and the employee is also allowed to use the employer's electricity to charge the phone, this still raises liability issues for the employer. The legal provisions of the Occupational Safety and Health Act apply in particular here. This means that employees must not be put at risk at their workplace and electronic devices are definitely classified as a significant source of danger.
If an employer allows electronic devices to be charged on their premises, they are also liable in the event of damage. Catches e.g. b. If a private cell phone catches fire while charging and causes damage, the employer is liable.
Checking electronic devices in accordance with the Occupational Safety and Health Act
According to the Occupational Safety and Health Act, all electrical devices in a company must be checked before being put into operation. This also applies to private cell phones. Further legal provisions also stipulate that this inspection must be carried out by a qualified electrician. Furthermore, the electronic devices must also be checked again on a regular basis.
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For this reason, many employers do not want employees to charge their personal electronic devices on their premises.
Can unauthorized charging have employment law consequences?
However, there are also employers who fundamentally do not agree to employees using electricity for their private devices at the employer's expense. If an employer prohibits this and an employee still charges his cell phone at work, this is an act of infringement on the employer's assets or property.
Even if charging your cell phone is of very little value, it can generally be viewed as a criminal offense that can have consequences under employment law. There is even a separate paragraph for this in the Criminal Code (§ 248c “Withdrawal of electrical energy”).
What are the labor law consequences of electricity theft?
There is currently no case Termination known without a prior warning that was confirmed by a court. However, if an employee has already been warned because of electricity tapping, if this happens again, they may well be terminated.
This may also be possible without a warning if the employee in question has committed other acts that violate the contract. If your private cell phone is charged without permission at the employer's premises, a warning is definitely possible.
You should definitely get permission to charge your private cell phone on the employer's premises. This also applies to the operation and charging of all other private electronic devices in the workplace.