In order to get together again shortly before the holidays and the end of the year, many employers organize a Christmas party. There are some labor law points that are of interest to both employers and employees.
Does the employer have to organize a Christmas party?
In principle, it is solely the employer’s decision whether to hold a Christmas party or not. There is no general obligation to organize a Christmas party, as lawyer Miriam Bainczyk explains in an article for the Baden-Württemberg Wholesale Association. However, exceptions can arise if there is a corresponding company agreement with the works council or if a claim has arisen through a so-called company exercise.
If the employer has regularly organized a Christmas party in recent years, this may constitute a company exercise that becomes an obligation to host a celebration in the future. However, this obligation does not apply if company exercises are explicitly excluded in the employment contract or if the employer declares in a timely and clear manner that the celebration is voluntary and does not give rise to any claims for the future.
Is there overtime for the Christmas party?
A central question for many employees is whether attending the Christmas party is part of working hours and therefore needs to be paid. The answer depends on when the celebration takes place, as the Bund-Verlag explains in a guide to company Christmas parties.
Christmas party during working hours: If the celebration takes place during regular working hours, the time will be counted as normal working hours and paid accordingly. The employer cannot demand that the time be reworked unless this has been expressly agreed upon in consultation with the works council.
Christmas party outside of working hours: If the party is held after work or on the weekend, it is free time. In this case, employees are not entitled to additional compensation or overtime pay because participation is voluntary and is not part of the service owed under the employment contract.
What must be legally observed at Christmas parties?
Compulsory participation: Participation in the Christmas party is generally voluntary. As the labor law specialist Volker Görzel emphasizes in the Handwerksblatt, the principle applies here: “Everyone is allowed and no one has to”. Even if the celebration takes place during working hours, there is no obligation to attend. However, employees who do not wish to participate must work during this time or take appropriate leave.
Equal treatment: Individual employees may not be arbitrarily excluded from the Christmas party, as this violates the principle of equal treatment under labor law. Exceptions are only permitted for objectively explainable operational reasons, such as the need for on-call duty.
Behavior at the party: Even if the Christmas party is not part of actual working time, misconduct can have consequences under labor law. Misconduct such as serious insults to colleagues or superiors, assault or sexual harassment can lead to warnings or even immediate dismissal as they disrupt the peace and impact on operational processes. This is also confirmed by case law, as the Elmshorn Labor Court made clear in a ruling from April 2023.
Alcohol consumption and consequences: If the celebration was prolonged or too much alcohol was consumed, this is not an excuse to come to work later the next day, unless there was an agreement to this effect with the employer in advance. Anyone who takes sick leave because of a hangover risks continued payment of wages, as the inability to work must be through no fault of their own to qualify.
Accident insurance cover at the Christmas party
If an accident occurs during the Christmas party, statutory accident insurance generally applies – but only under certain conditions. As Haufe explains in his guide to company events, the celebration must be a company community event in which the event was organized by the employer itself or at least expressly approved and promoted, is open to all employees of the department or company and serves to strengthen the working atmosphere and the bond between company management and employees.
The accident insurance cover also covers the journey to and from the event, but ends with the official end of the celebration. If it is just a private meeting between a few colleagues, statutory accident protection does not apply. In addition, insurance coverage may be waived if an accident is largely due to excessive alcohol consumption. What is particularly important is the direct route without detours, as the Crafts Bulletin finally highlights in its tips for employers.
D. Maier / editorial team finanzen.net