Especially with office jobs, where you look at a screen all day anyway, it is sometimes obvious to have a small stream running at the same time. Whether it’s a news program, the current episode of a series or even a sporting event – the possibilities are diverse. But what does the legal framework actually look like in this regard?
“Football is our life, because football is king,” the German national football team once sang before the 1974 World Cup. World and European championships also mean the greatest thing to many football fans, at least in front of the TV set. Football games can now also be followed live via online stream. That’s not a big problem, is it? You guessed it: the question of watching football during working hours cannot be answered with “yes” or “no”. The same applies to streaming films and series, even if the temptation may be great if you work on the computer all day.
Streaming during working hours
Didn’t have time in the evening to watch the new episode “The Mandalorian” and then let the stream run parallel to work? That might seem obvious at times. And even if the German national team has rarely given a reason to celebrate in the past major tournaments, that doesn’t stop many football fans from following the games live. Especially for people who work on the PC in the office, the temptation to stream on the Internet at the same time is great. In doing so, however, you risk being given a yellow card under labor law by your employer for a variety of reasons.
- Contractual working hours: As an employee, you have entered into a contract with your employer. The working hours are usually precisely defined therein. If you then use streaming platforms such as Netflix or watch football during the contractually agreed working hours, you may be warned. It doesn’t matter whether the stream is just “on the side” or you’re watching with full concentration. This is confirmed by a ruling by the Cologne labor court from 2017. At that time, an employee received a warning from the employer because he had watched a football game online for a few seconds.
- Private use of company computers: Many employers tolerate checking private e-mails or other smaller private errands over the Internet during working hours. However, watching a football game or even a film or a series definitely goes beyond the normal level of private use of company computers. A warning may also be issued for this reason.
- Danger from viruses: Of course, there are legal online streams that can also be viewed on the service laptop. As mentioned in the previous point, however, this is an inadmissible private use and is therefore strictly prohibited. If you ignore this and also watch the content via one of the various illegal streams on the company computer, there is another danger. Because these channels from dubious sources can unintentionally contaminate the computer used for business with viruses. In addition, most streams are now also illegal under EU law.
Home office does not protect against warnings
Sneaky ears now come up with the idea: “Then I’ll just work in the home office and watch the football game there via stream.” That would be the classic own goal. Because under labor law, the office and the home office are equal. That means you can do your work from home. However, the same contractual obligations apply there.
Of course, in the home office, the boundaries between business and private blur. Your employer also knows this and therefore grants you certain freedoms. However, if you don’t complete your tasks on time because you watch soccer games during working hours, you risk at least getting a warning.
For people who mainly work on the computer, the argument “I can do my work and watch the game at the same time” does not apply either. Your employer demands 100 percent commitment from you during the contractually agreed working hours. If you do two things at the same time, you’re already under.
At most, the argument could be made by a handyman who is cleaning a clogged pipe or plastering a wall while the stream is playing in the background, similar to a radio broadcast.
Streaming while working? Find the conversation
Especially when it comes to sports, you should talk to a supervisor if necessary because of the topicality. You may find a solution that everyone involved is happy with. Watching a football game together definitely has a positive effect on the team and the community – that would be an apt argument, for example.
If your company has a works council, you can politely ask them whether a separate works agreement can be negotiated with the employer for the duration of the tournament. This could include:
- extended breaks,
- TV sets in the break rooms or
- a special working time account that includes “overtime” for the length of the broadcast.
However, such an agreement is rather unlikely for the streaming of films and series during work.
Conclusion
In summary, one can say: According to labor law, streaming is prohibited during work. This applies to the office as well as to the home office. However, you can try to negotiate special agreements with the employer personally, as a department or through the works council. If your boss doesn’t belong to the “tough dog” category, there are bound to be solutions for individual cases.