April 30, 2023, 3:23 pm | Read time: 5 minutes
Especially in office jobs, where you’re already staring at a screen all day, it can be tempting to have a small stream running in the background. Whether it’s a news broadcast, the latest episode of a series, or even a sports event–the possibilities are diverse. But what are the legal implications of this?
“Soccer is our life, because King Soccer rules the world,” once sang the German national soccer team before the 1974 World Cup. For many soccer fans, the World Cup or European Championship is the pinnacle, at least in front of the TV. Nowadays, soccer games can also be watched live via online streaming. That shouldn’t be a big problem, right? You guessed it: The question of watching soccer during work hours can’t be answered with a simple “yes” or “no.” The same goes for streaming movies and series, even if the temptation is great when you’re working at a computer all day.
Streaming During Work Hours
Didn’t have time to watch the new episode of “The Mandalorian” in the evening and then let the stream run parallel to work? That might seem tempting at times. And even though the German national team hasn’t given much reason to cheer in recent major tournaments, that doesn’t stop many soccer fans from watching the games live. Especially for people working in an office at a PC, the temptation to stream on the side is strong. However, this risks a yellow card from your employer for various reasons.
- Contractual Working Hours: As an employee, you have a contract with your employer. It usually specifies working hours precisely. If you use streaming platforms like Netflix or watch soccer during the agreed working hours, you risk a warning. It doesn’t matter if the stream is just running “in the background” or if you’re fully focused on watching. This was confirmed by a ruling from the Cologne Labor Court in 2017, where an employee received a warning for watching a soccer game online for a few seconds.
- Private Use of Company Computers: Many employers tolerate checking private emails or other minor personal tasks online during work hours. However, watching a soccer game or even a movie or series definitely exceeds the normal scope of private use of company computers. For this reason, a warning may also be issued.
- Risk of Viruses: There are, of course, legal online streams that can be watched on a work laptop. However, as mentioned earlier, this is unauthorized private use and is generally prohibited. Ignoring this and watching content via one of the many illegal streams on a company computer poses another risk. These dubious sources can unintentionally infect the business computer with viruses. Additionally, most streams are now illegal under EU law.
Working from Home Doesn’t Protect Against Warnings
Sly individuals might think: “Then I’ll just work from home and watch the soccer game via stream there.” That would be a classic own goal. Legally, the office and home workspace are equivalent. This means you can do your work from home, but the same contractual obligations apply there.
Of course, the lines between work and personal life blur when working from home. Your employer knows this and grants you certain freedoms. However, if you don’t complete your tasks on time because you’re watching soccer games during work hours, you risk at least a warning.
For people who primarily work on a computer, the argument “I can do my work and follow the game at the same time” doesn’t hold. Your employer expects 100 percent effort during the contractually regulated working hours. If you’re doing two things at once, you’re already falling short.
This argument might only be valid for a tradesperson cleaning a clogged pipe or plastering a wall while the stream runs in the background, similar to a radio broadcast.
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Streaming During Work? Have a Conversation
Especially when it comes to sports, you might want to discuss the matter with a supervisor due to its timeliness. You might find a solution that satisfies everyone involved. Watching a soccer game together can definitely have a positive effect on the team and community–that would be a fitting argument.
If your company has a works council, you can also politely ask if a special company agreement can be negotiated with the employer for the duration of the tournament. This could include:
- extended breaks,
- TV sets in break rooms, or
- a special work time account that includes “overtime” for the length of the broadcast.
For streaming movies and series during work, such an agreement is rather unlikely.
Conclusion
In summary, according to labor law, streaming during work is prohibited. This applies to both the office and working from home. However, you can try to negotiate special agreements with your employer personally, as a department, or through the works council. If your boss isn’t a “tough cookie,” solutions might be found for individual cases.