Especially during the Christmas season, it happens that employees receive smaller or sometimes larger gifts from customers or business partners. But where does the harmless friendly gesture end and where does the illegal bribery begin? And can you even lose your job if you accept a gift?
Strict rules apply to gifts at work
It often happens that business people receive gifts from customers, be it as an expression of appreciation for good cooperation or simply as a small gift. As labor law specialist Tobias Werner revealed to the RND, this practice does not necessarily have to be a prohibited act during the Christmas season. However, every employee who receives a gift from a customer or business partner is advised to exercise caution. In many cases, behind the supposed generosity there is an expectation of something in return, such as a new order, financial relief or accelerated processing. According to the expert, public officials in particular need to be more careful when it comes to accepting gifts. Not only is it forbidden for judges and civil servants to accept donations ex officio, employees in the public sector also have to adhere to particularly strict legal requirements. With reference to the Criminal Code (Section 331) and the collective agreement for the public service (Section 3 Paragraph 2), Werner reiterated that accepting gifts is undoubtedly prohibited if there is an objective connection between the gift and official work. According to a leaflet from the Lower Saxony State Ministry, it is irrelevant whether these are expensive gifts or small gifts, because repeated acceptance, even if they are of little value, can lead to extraordinary termination or removal from service.
As Aktiv-online explains, value limits for gifts are not reliable guidelines because, on the one hand, they are constantly changing and, on the other hand, the context and type of gift also play an important role. Gifts in which the donor tries to build a personal bond with the recipient in order to benefit from them at a later date are particularly problematic. This category includes, for example, football cards or invitations to a meal together.
Compliance requirements serve as orientation
Practically, most companies address this issue on their own and provide their employees with clear compliance guidelines. According to the RND, these are intended to clearly and understandably explain to all employees what type of gifts and in what size can be accepted without any problems. Attorney Tobias Werner pointed out to the RND the common practice in many companies: “Many employers stipulate in the employment contract that the acceptance of benefits is prohibited if there is a business connection. Larger companies and corporations are particularly sensitive to this and clearly regulate in their compliance guidelines what is permitted and what is not.”
If an employee finds themselves in the situation of being confronted with a gratuity, they are best advised to contact the responsible department in their company directly. Nathalie Oberthür, a specialist lawyer for labor law in Cologne, encouraged employees in her comments to the Augsburger Allgemeine to never expose themselves to the risk of a breach of their own employment contract and to always check with the compliance department before accepting a gift. However, the expert went on to warn that even if there are no official compliance regulations, a gift that exceeds the magnitude of pure attention could definitely pose a problem. This is particularly true in areas of work that are highly susceptible to corruption, such as purchasing. The limit here is at a very low level, around 10 to 15 euros. According to Oberthür, accepting a gift in return for an official act could even constitute a criminal offense. Employees in such business areas are therefore well advised to exercise particular caution.
Editorial team finanzen.net