Receiving a sanction for using a mobile phone at work in Barcelona does not automatically mean that the company is right. Nor does it mean that every sanction is invalid. The collective agreement, the specific conduct, the employer's instructions, the seriousness of the facts, the evidence used and the procedure followed must all be reviewed.
At Barcelona Laboral, we specialise in Employment Law and analyse sanctions, disciplinary dismissals and disputes arising from the use of devices during working hours. We review the letter, the collective agreement, internal rules, disciplinary record and evidence before defining the defence strategy.
Quick answer: a company may sanction improper use of a mobile phone if the conduct falls within an offence set out by law or the collective agreement and the measure is proportionate. An internal policy can specify how the phone should be used and serve as an employer instruction, but it cannot itself create new offences outside the legal or collectively agreed framework. Sanctions for serious and very serious offences must be communicated in writing, stating the date and the facts.
When can there be a sanction for using a mobile phone at work in Barcelona?
The use of the phone must amount to an employment offence
Article 58 of the Workers' Statute allows an employer to sanction employment breaches in accordance with the classification of offences and sanctions set out in legal provisions or the applicable collective agreement.
Have you been sanctioned for using your mobile phone at work and do not know whether it is fair? Tell us about your case and we will assess whether the sanction is legally valid before the deadline to challenge it expires.
Therefore, the collective agreement does not always need to literally use the expression “using a mobile phone”. Depending on the case, the conduct may constitute disobedience, breach of instructions, abandonment or neglect of duties, voluntary reduction in performance, or breach of contractual good faith.
Internal policy matters, but it does not replace the collective agreement
The employer may establish reasonable instructions on phone use within its management powers. A clear internal policy that has been communicated in advance can be highly relevant in demonstrating which behaviour was permitted and which was prohibited.
However, an internal rule cannot freely invent an offence or sanction that is not supported by law or the collective agreement. Therefore, in the event of a sanction for using a mobile phone at work in Barcelona, at Barcelona Laboral we review both levels: the classification under the collective agreement and the employer's specific instruction.
The seriousness depends on the context
Briefly checking a message in an office is not comparable to repeatedly using a phone while driving, operating machinery, monitoring a facility or carrying out a task requiring concentration. The duration, repetition, risk, harm caused, prior record and previous disobedience can completely change the classification.
What requirements must a sanction letter meet?
Serious and very serious offences must be communicated in writing
The Workers' Statute requires written notification for sanctions arising from serious and very serious offences, stating the date and the facts giving rise to them. For minor offences, the requirement for written form will depend on the collective agreement or other applicable rules.
It is therefore not correct to state that absolutely every employment sanction must always be notified in writing.
The facts must be sufficiently specific
A notification that merely states “improper use of a mobile phone” may be insufficient if it does not make clear what happened, when it happened and why the employer considers the conduct sanctionable. The more serious the measure, the more important it is for the employee to be able to know and challenge the facts.
The employer also has time limits for imposing sanctions
Employee offences become time-barred after 10 days if minor, 20 days if serious and 60 days if very serious, calculated from the date the employer became aware that they had been committed and, in any event, six months after they were committed.
Can you be dismissed for using a mobile phone during working hours?
Dismissal requires a serious and culpable breach
Disciplinary dismissal is the most severe sanction. For it to be justified, there must be a serious and culpable breach falling within one of the circumstances set out in Article 54 of the Workers' Statute or in the applicable collective agreement.
Repeated use of a mobile phone despite a known prohibition, disobedience, a significant safety risk or conduct involving a serious breach of contractual good faith may justify dismissal in specific cases.
There is recent case law in Catalonia
In 2025, the High Court of Justice of Catalonia upheld a disciplinary dismissal in a case in which the employee made recordings and posted videos during working hours despite a clause prohibiting the use of mobile devices at the workplace. The assessment was based on the specific circumstances of the case, not on a general rule that checking a phone entails dismissal.
In 2026, the right to a prior hearing must also be reviewed
Since the doctrine established by the Supreme Court on 18 November 2024, before imposing a disciplinary dismissal the employer must give the employee the opportunity to defend themselves against the allegations, unless it would not reasonably be possible to require the employer to do so.
Therefore, if a sanction for using a mobile phone at work in Barcelona leads directly to dismissal, at Barcelona Laboral we also review whether this safeguard was observed.
How can an employer prove improper mobile phone use?
Video surveillance
The employer may use cameras for workplace monitoring purposes within legal limits. As a general rule, the LOPDGDD requires prior, express, clear and concise information about video surveillance.
There is a particularity where cameras capture the flagrant commission of an unlawful act: in that case, the duty to provide information may be deemed fulfilled if at least the legally required information sign is in place. It cannot therefore be stated that every image is automatically unlawful because there was no individual notification.
Company digital devices
Article 87 of the LOPDGDD recognises the right to privacy in the use of digital devices provided by the employer. The employer may access content from those devices to monitor compliance with employment obligations or safeguard the integrity of the device, but it must establish privacy-respecting usage criteria and inform employees.
If private use has been permitted, authorised uses must be specified and safeguards established to preserve privacy.
Witnesses and other evidence
The employer may also use statements from managers or colleagues, activity logs, incident reports and other lawful evidence. In challenge proceedings, the employer must prove the reality and seriousness of the alleged facts.
How to challenge an employment sanction in Barcelona
The deadline is 20 working days
The employee has 20 working days to challenge the sanction in court. This is a strict time limit, so it is not advisable to wait for the employer to “reconsider” the measure before seeking advice.
A poorly substantiated sanction can be challenged and annulled. Our employment lawyers in Barcelona will review your case file and tell you exactly what options you have.
Prior administrative conciliation in Catalonia
As a general rule, before bringing a claim before the Labour Court, prior administrative conciliation must be processed before the competent service of the Generalitat de Catalunya, except in cases exempted by law.
It is not correct to generally equate this procedure with the Labour Court of Catalonia: this body may intervene in certain disputes within its remit, but the Generalitat's administrative employment conciliation is the general procedure that must be reviewed in each case.
What the court may decide
In sanction proceedings, the legal terminology is not “fair or unfair” as it is in dismissal cases. The court may uphold the sanction, revoke it in full, revoke it in part or declare it void, depending on the facts, classification, proportionality and formal requirements.
Personal mobile phones, company mobile phones and digital disconnection
Personal and company mobile phones: they are not subject to the same rules
The fact that an employer may prohibit or limit the use of a personal phone during working hours does not mean it can freely access its contents. Messages, photographs, apps and private conversations are protected by rights to privacy and secrecy of communications.
Sanctioning observable conduct —for example, using a phone when it was prohibited— is one thing; accessing the private content of the device is another. Even where the device belongs to the employer, Article 87 of the LOPDGDD requires privacy to be respected and usage criteria to be established. The existence of a clear policy may be decisive in determining which monitoring measures were foreseeable and lawful.
Outside working hours, there is a right to disconnect
Article 88 of the LOPDGDD recognises the right to digital disconnection outside legally or collectively agreed working hours. This does not prevent valid on-call, availability or contact arrangements where they are properly regulated, but permanent availability cannot be assumed.
Barcelona Laboral: specialists in sanctions and dismissals in Barcelona
At Barcelona Laboral, we specialise exclusively in Employment Law. We advise employees and companies on disciplinary sanctions, dismissals, wage claims, changes to working conditions and other employment disputes.
We review the full case file and proportionality
When dealing with a sanction for using a mobile phone at work in Barcelona, we analyse the letter, collective agreement, internal policy, facts, deadlines, disciplinary record and the evidence used by the employer. We do not simply check whether the phone was prohibited: we review the duration of use, the role, the risk created, repetition, warnings, actual impact and whether the sanction imposed fits the classification provided for in the collective agreement.
Frequently asked questions about sanctions for using a mobile phone at work in Barcelona
Can the company sanction me for checking my phone just once?
It depends on the circumstances. A one-off use is not as serious as repeated conduct, but even a single use may become particularly relevant if it creates a serious risk, amounts to clear disobedience or seriously affects the duties of the role.
Do not sign or accept any sanction without seeking advice first. At Barcelona Laboral, we explain in clear language whether your employer has followed the correct procedure and how to defend yourself.
Does there have to be a written prohibition on mobile phones?
Not necessarily in those exact words. The conduct must fall within an offence provided for by law or the collective agreement. An internal policy communicated in advance may specify instructions for use and strengthen the employer's position.
Does every sanction have to be issued in writing?
The Workers' Statute requires written notification for serious and very serious offences. For minor offences, the collective agreement must be reviewed, as it may also require written form.
How long do I have to challenge a sanction?
The general deadline is 20 working days. It is advisable to calculate it from the outset and correctly initiate prior administrative conciliation where required.
Can the company check my personal phone?
It cannot freely access the private content of the device. It may sanction observable conduct where there are grounds to do so, but access to personal messages, apps or files is subject to far stricter privacy and secrecy of communications limits.
Can the company use cameras to prove that I was checking my phone?
It may use workplace video surveillance within the limits of data protection legislation and fundamental rights. It is necessary to analyse how the cameras were installed, what information was provided and how the footage was obtained.
Can I be dismissed for using a mobile phone?
A disciplinary dismissal may occur if the breach is serious and culpable, for example due to repetition, disobedience, a safety risk or a serious breach of good faith. There is no automatic rule that applies to every instance of phone use.