The lawyer appreciated the employer's right to restrict the use of the phone at work

The employer has the right to restrict the use of personal mobile phones during working hours, but such measures must comply with legal requirements. Fyodor Trusov, lawyer and managing partner of Sokolov, Trusov and Partners Law Firm, told Izvestia about this on March 19.

"An employer may impose restrictions, since working hours are the period for which an employee receives payment and must perform his duties," the expert noted.

According to him, such a right follows from the provisions of the Labor Code of the Russian Federation, in particular articles regulating internal regulations and the performance of labor duties. However, restrictions are allowed only if a number of conditions are met. They must be fixed in local regulations, employees must be familiar with them against signature, and the measures themselves must be justified, for example, by security requirements, protection of trade secrets, or the need to maintain labor discipline.

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At the same time, such restrictions affect the constitutional rights of employees. We are talking about the right to privacy, the secrecy of correspondence and telephone conversations, as well as the right to dispose of one's property. The employer does not have the right to control the content of correspondence, listen to conversations, or seize an employee's phone.

"The phone remains the employee's property, and a ban on its use does not mean a ban on owning it," Trusov stressed.

The expert added that the restrictions do not apply to rest periods, including lunch breaks, when an employee has the right to use the phone at his discretion. For violation of the established rules, the employer may apply disciplinary measures provided for in the Labor Code, such as a remark, reprimand or dismissal, if there are grounds. However, fines for using a phone are illegal, as are the forced seizure of devices or a personal search.

In case of violation of the rights of employees, the employer may face administrative sanctions, including fines, as well as recognition of internal documents as invalid. In addition, there may be orders from the labor inspectorate and compensation for employees.

Trusov noted that employees have the right to challenge excessive or illegal restrictions in court. The reason may be a violation of the procedure for their introduction, interference in privacy or the application of illegal sanctions.

Alexander Khaminsky, head of the Law Enforcement Center in Moscow and the Moscow Region, said on March 17 that lack of communication during work could result in disciplinary action, including dismissal, but in some cases an employee could avoid responsibility. According to him, termination of the contract will be lawful only if there is evidence that the employee did not get in touch without valid reasons. If the employee proves that the failures were not his fault, such a decision is subject to challenge.

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