Too embarrassing to ask: may my boss locate my cell phone?

In many industries, employees receive a company cell phone. Many are unsettled and ask: "Can my boss locate my cell phone?" Here we explain whether your boss can locate your business cell phone or not.

Your boss can't locate your cell phone for no reason

Technically speaking, it is not that difficult to activate the location function on a cell phone. Especially in companies where work is done from home or where customer orders are processed on the go, some bosses want to check where their employee is. But can the boss simply locate the cell phone?

• In principle, the employer is not allowed to locate your cell phone. As attorney Christian Solmecke explains, the boss is only allowed to collect data that is important to ensure the employment relationship. This usually does not include the location of your cell phone.
• It is therefore not permitted to simply locate the employee without consent. Above all, this is not allowed in free time and for no reason.

When it will still be possible to locate your cell phone

In some cases, however, it may be possible that the boss can locate your cell phone. However, this is only possible if this is important for the employment relationship and you agree.

• Locating is often used, particularly in the logistics area. Here the location of the employees serves, for example, to better coordinate travel routes.
• If the reasons are justified, your boss can request a cell phone location. However, this is always done in consultation with you.
• Before your service cell phone can be located, you must sign a corresponding agreement. You must sign this voluntarily.
• However, a general location of the employee is not possible even after the agreement has been signed. You only agree for individual situations. This is not allowed if the boss locates your cell phone in your free time.

The works council must agree to the location of the cell phone

The works council must agree to this so that the location runs properly. So when it comes to locating employees' cell phones, it is important to include the works council.

• The works council is the first point of contact for employees and therefore has to agree to a location by the boss.
• The reason is that a cell phone location can also be misused, for example to see how many breaks the employees take during their trip and the like.
• In addition to your voluntary approval, it is also important that the works council is involved. Accordingly, they can only be located in individual cases and during working hours - if you have given your consent.
• If the locating is done by your boss without your consent, it is worthwhile to consult a lawyer.