De minister van SZW heeft Kamervragen beantwoord over het verbod door een werkgever om mobiele telefoons op de werkvloer te gebruiken. Op basis van zijn instructierecht, dat is opgenomen in het Burgerlijk Wetboek, kan een werkgever het gebruik van mobiele telefoons of andere voorwerpen op de werkvloer verbieden. De bevoegdheid is eenzijdig, dat wil zeggen dat instemming van de werknemers niet nodig is. Wel dient een instructie redelijk en billijk te zijn.
Het verbod in kwestie is gegeven uit veiligheidsoverwegingen en betreft het gebruik van mobiele telefoons in een groot magazijn, waar met heftrucks en computergestuurde apparatuur wordt gewerkt. Onderlinge communicatie binnen het magazijn gebeurt met portofoons. Volgens de minister is het niet toestaan van mobiele telefoons in magazijnen uit veiligheidsoverwegingen gebruikelijk. Het verbod op het gebruik van mobiele telefoons betrof overigens een reeds langer bestaande instructie. De minister is van mening dat een dergelijke instructie niet per se onredelijk of onbillijk is.
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