Employment law question: Can I watch football during working hours?

According to surveys, most people would like to avoid consuming the World Cup for moral reasons.

Employment law question: Can I watch football during working hours?

According to surveys, most people would like to avoid consuming the World Cup for moral reasons. Because of human rights. Which is laudable. It remains to be seen whether the good intentions will be kept. What is clear, however, is what applies during working hours.

When the World Cup is on in Qatar, the timing of work and kick-off poses a dilemma for many. Anyone who has to work during a game does not automatically have to do without football. An overview of what is allowed in the workplace:

Radio

From an employee's point of view, following a game on the radio is the easiest way to keep up to date in the office. In principle, the devices may be brought to work. However, it also depends on what exactly the work consists of and whether it is impaired by listening: a porter, for example, is more likely to follow the commentator for a few minutes than a bank department manager who is working on a case with concentration. Colleagues or customers must not be disturbed either.

It is best to clarify with the boss beforehand whether listening to the radio is allowed. If superiors forbid it, they must inform the works council beforehand - otherwise the ban is ineffective.

TV

Watching football on TV is more difficult. No boss has to put up with employees sitting spellbound in front of the screen for 90 minutes. However, the legal situation has shifted in favor of employees. In the past, while watching TV while at work, there was still a risk of termination, but now a warning is due.

The background to this is a decision by the Frankfurt Labor Court. This declared a notice of termination given to a seller of an electronics store to be invalid. The man had been playing a 2010 World Cup game on a TV while at work and should therefore be fired. However, the court classified watching football during the tournament as socially appropriate behavior, which is why only a “yellow card” is permissible as a sanction with a warning. However, anyone who asks the boss for permission beforehand and has no objection does not have to expect any sanctions.

Internet

Watching games via live ticker or stream on the Internet is becoming easier and easier thanks to the variety of offers - and also more and more tempting for die-hard fans. However, if the employer has prohibited private use of the Internet access provided for business purposes, a breach can lead to termination. Even if no express ban has been issued, caution is advised: According to a judgment by the Federal Labor Court, this is tantamount to a ban. And even if private use of the Internet is permitted, excessive online surfing can, in the worst case, lead to job loss.

laptop and cell phone

According to Felser, brought along laptops or smartphones with their own Internet access could possibly be an alternative: If the radio is listened to with the devices, the same legal situation should apply as with a conventional radio. Querying scores via the live ticker can also be tolerated because of the relatively low level of distraction. However, if the attention is disturbed by great tension or euphoria, the use of private network access could also mean a violation of the duty to work and could lead to dismissal after a warning.

unpunctuality

Anyone who watches games at home the night before or during the breaks, for example, must also make sure they meet their working hours: Repeatedly being late is grounds for dismissal. The same applies if you "celebrate sick" during the World Cup. If it turns out that the employee watched football instead, immediate dismissal can follow after a warning.

But of course watching the World Cup can also be expressly permitted, for example by circular mail from the boss. Some employers may even set up a television or projector for the big games. However, they can then also demand that employees work the 90 minutes or, for example, use up credit from their working time account.