In the modern work environment, the use of mobile phones is a topic that generates debate between workers and employers. On one hand, workers often consider this device as a useful tool to carry out their tasks, while employers may perceive excessive use as a distraction that affects productivity and generates risks in certain activities.
In this context, the question arises: Can the employer limit the use of mobile phones during working hours?
The Labor Code grants the employer the authority to organize and direct the service delivery as they deem appropriate. Additionally, Costa Rican jurisprudence has emphasized the employer's managerial power, which directly refers to the authority they have to regulate the conditions under which work is carried out, as well as the behavior and performance expected from employees.
Therefore, it is permitted under Costa Rican law for the employer to restrict or prohibit the use of mobile phones during working hours, as long as it is done with the aim of ensuring safety, productivity, and the fulfillment of the tasks assigned to the employee.
Examples of this are jobs that involve operating heavy machinery, driving vehicles, or handling hazardous substances. In these cases, limiting the use of mobile phones is not only reasonable but also necessary to ensure workplace safety and avoid accidents.
Similarly, in administrative positions, money handling, or customer service roles, where concentration is crucial, a restriction can be imposed if the goal is to reduce or prohibit mobile phone use to avoid distractions, poor customer service, and maintain good business productivity.
In any case, it is important that restrictions on mobile phone use during working hours are established in the company’s regulations, either through a policy or internal work rules. If opting for the latter, these regulations must be issued in accordance with Articles 66 and 67 of the Labor Code, meaning they need to be submitted to the Ministry of Labor and Social Security for validation.
Moreover, a well-crafted policy should address aspects such as defining the physical areas where mobile phone use is not permitted, the time frames if necessary, considering that break or meal times are considered non-working hours and therefore phone use would be allowed during these periods, unless unavoidable and urgent technical or organizational reasons dictate otherwise at a specific time or place. It should also clearly and specifically outline exceptions to the rule or any special cases, if applicable.
Similarly, designated lockers or cabinets can be provided to store mobile devices, and the procedure for communication between staff and their families in emergency situations should be outlined.
Therefore, it is essential that the employer clearly communicates the internal policy or regulation issued for this purpose. A transparent and well-founded regulation will not only prevent conflicts but also contribute to the development of a healthier and more productive labor relationship.
Additionally, the employer must be consistent in enforcing the rules, avoiding any form of discrimination or unequal treatment among employees.
At Bufete Godínez y Asociados, we are leaders in business consulting for labor law in Costa Rica. Our team of labor law specialists is ready to provide top-tier legal support for managing and resolving your company's labor matters. If you need personalized legal guidance to ensure compliance with labor regulations or to address disputes, we are here to help. Click here to learn more and schedule a consultation with our labor law experts.
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