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company outing working hours
Company outing: Work time or leisure? Your rights and obligations!
Is the company outing considered working hours? This question concerns many businesses. As a general rule: If the outing takes place during regular working hours, it is usually regarded as working time. But what happens with longer outings or if someone does not participate? For individual advice on how to organise your next company event in compliance with the law, please contact us here.
The topic, briefly and concisely
A company outing is a valuable investment in employee motivation and team spirit, which can pay off in higher productivity and lower turnover.
Participation in a company outing is voluntary, and the working time regulations must be designed transparently and fairly to avoid misunderstandings and dissatisfaction.
Take advantage of tax benefits and consider special cases such as part-time employees and shift work to organise a legally sound and positive company outing for all involved, which can improve employee retention by up to 5%.
Find out whether the company outing counts as working hours, how overtime is handled, and what rights you have if you don't want to participate. Get informed now!
A company outing is an excellent opportunity to strengthen team spirit and sustainably boost employee motivation. But what makes a successful company outing and how does the working time regulation affect its success? This article provides employers and employees with a comprehensive overview of working time crediting, voluntary participation, as well as your rights and obligations. We explore the legal and financial aspects to ensure your next team event is a resounding success. Leverage our expertise to optimally plan your next company outing and benefit from the positive effects on your business. For in-depth information on employee motivation, see our article on the voluntariness of company outings. A well-planned outing can improve morale and enhance employee retention.
A company outing is an employer-initiated event, usually a day trip, aimed at promoting team spirit and employee motivation. Participation is voluntary and offers employees the chance to get to know each other better outside of their everyday work environment and to share positive experiences. The works council can offer advice, although the decision to carry out the event rests with the employer. A successful company outing can noticeably improve the working atmosphere and strengthen employees' attachment to the company. Take this opportunity to show your employees appreciation and positively influence the working environment at the same time.
The working time regulation in a company outing is important for various reasons. On one hand, remuneration obligations must be clearly defined to avoid legal disputes. On the other hand, considering overtime and the correct treatment of part-time employees are essential to ensure the principle of equal treatment. Transparent regulations provide clarity and satisfaction for all involved. The Younited guidelines offer useful information on this. Address all questions regarding working hours beforehand to avoid misunderstandings and ensure fair treatment of all employees. This contributes significantly to a positive overall experience and enhances trust in your company management.
Time Tracking: How to Correctly Account for the Company Outing
Whether a company outing is considered working hours depends primarily on whether it takes place within or outside regular working hours. In principle, if the outing occurs during regular working hours, it is compensated like a normal working day. However, if it lasts longer or falls on a weekend, the regulations are more complex. It is important to know the different scenarios to understand both the employer's and employee's rights and obligations. Correct allocation of working hours is crucial for fair and legally compliant processes. You can find more details about the allocation of working hours in our article. Ensure that you communicate working time regulations transparently to avoid misunderstandings and potential conflicts. Clear rules promote trust and employee satisfaction.
If the company outing takes place during regular working hours, the time is compensated like a normal working day. This means employees receive their full salary without needing to make up the time. However, there is no entitlement to overtime as long as regular working hours are not exceeded. This rule applies regardless of whether the employees participate in all activities or not. The Personio information offers further details on this. Ensure attendance during regular working hours is treated as full working time to promote employee motivation and engagement. This demonstrates appreciation and enhances the positive perception of the company outing.
If the company outing takes place outside regular working hours, participation is voluntary. In this case, there is no entitlement to additional compensation for time spent beyond regular working hours unless there are specific agreements in the employment contract or a company agreement. It is important for employers and employees to be aware of these regulations to avoid misunderstandings. The Factorial guidelines provide further information on this. Communicate clearly and plainly that participation outside regular working hours is voluntary and does not entail additional compensation claims to ensure transparency and fairness. This helps manage expectations and prevent potential conflicts in advance.
Participation: Know your rights and obligations during the company outing
Participation in a company outing is generally voluntary. Employees cannot be forced to participate, especially if the outing takes place on a weekend or a day off. However, those who do not wish to participate must continue their work during regular working hours. The employer is obliged to provide an appropriate working environment. It is important to know your own rights and obligations in order to act correctly as both an employer and an employee. For more information on participation responsibilities, see our article. Respect each employee's decision regarding participation and ensure that working conditions for non-participants are adequate to ensure a fair and appreciative work environment.
There is no obligation to participate in a company outing. Employees may not be forced to participate, especially if the outing falls on a weekend or a day off. A company policy requiring participation or forcing the use of a leave day is generally inadmissible. This freedom of choice is an important aspect of labor law. Be sure to emphasize the voluntariness of participation and avoid creating indirect incentives that could pressure employees, in order to promote a positive and relaxed atmosphere.
Those who do not take part in a company outing must continue their work during regular working hours. The employer is obliged to provide an appropriate working environment. If the company is closed due to the outing, a mutually agreeable solution should be found to ensure that the non-participating employee is still compensated. The founder information provides further details on this. Offer meaningful work tasks and an adequate working environment to employees who do not participate in the outing to ensure that their working hours are used productively and they do not feel disadvantaged. This helps maintain morale and avoid dissatisfaction.
Special cases: Fairly regulate part-time work, shift work, and company closures
When planning a company outing, there are some special cases to consider, especially for part-time employees, shift workers, and when the company is closed during the outing. It is crucial to establish fair and legally sound arrangements that take into account the interests of all employees. Transparent communication and clear agreements are essential in this process. Considering these special cases contributes to making the outing a positive experience for everyone involved. Further information on legal regulations can be found in our article. Take the time to consider your employees' specific needs and working time models to ensure the outing is a positive experience for each individual.
Part-time employees are entitled to remuneration only for the regular working hours they would perform on a normal working day. The principle of equal treatment states that they do not receive overtime for voluntary participation beyond their regular working hours. It is important to communicate this rule transparently to avoid misunderstandings. The Younited guidelines provide useful information on this. Ensure that part-time employees are treated fairly by considering their regular working hours and clearly stating that participation beyond these hours is voluntary, to maintain transparency and equality.
When planning a company outing, shift work and emergency services must be given special consideration. It is important to ensure a fair allocation of emergency services during the outing and to establish clear rules regarding the remuneration of shift workers. A non-discriminatory selection of employees for emergency services is essential. The Information from the Lawyer Search Service offers further details on this. Plan carefully to ensure that shift workers and emergency staff are treated fairly by establishing clear rules for allocation and remuneration and ensuring non-discriminatory selection.
If the company is closed during the company outing, an amicable solution must be found for employees not attending. One option is leave with continued pay. Leave cannot be unilaterally imposed (BAG Az. 5 AZR 242/70). It is important to consider the interests of the employees and find a fair solution. The Tagewerk information provides further details. Find an amicable solution for employees who cannot participate in the outing by either offering them alternative work options or granting them leave with continued pay to maintain their interests and a positive work atmosphere.
Insurance Coverage: How Your Employees Are Insured During Company Outings
Insurance coverage plays an important role during a company outing. Statutory accident insurance generally covers accidents during the official part of the outing as well as on the way there and back. However, there are some conditions and exceptions to be aware of. For instance, coverage is limited if private detours are made or if the accident occurs after the official end of the event. Alcohol consumption can also affect coverage. Therefore, it is important to inform employees about the applicable regulations. The information from the Anwalt-Suchservice provides further details on this. Inform your employees comprehensively about the applicable insurance coverage during the company outing to raise awareness of potential risks and ensure they are adequately covered in the event of an accident.
The statutory accident insurance offers coverage during the official part of the company outing as well as on the way there and back. The condition is that the outing is planned and supervised by the employer and is open to all employees. There is no coverage for private detours or after the official end of the event. The Personio information provides further details on this. Ensure that the company outing is clearly recognized as an official company event to guarantee insurance coverage through statutory accident insurance and to safeguard employees in the event of an accident.
In alcohol-related accidents, insurance coverage can be lost. It is important that employees adhere to workplace standards of conduct, even when outside the usual work environment. Therefore, responsible handling of alcohol is essential. The information from the Anwalt-Suchservice provides further details on this. Make your employees aware of the risks associated with alcohol in the workplace and emphasize the importance of responsible conduct to avoid jeopardizing insurance coverage and to ensure the safety of all participants.
Misconduct during a company outing can lead to disciplinary actions, including dismissal. It is important that employees are aware that they must adhere to the company's conduct standards even outside the workplace. The confidentiality of sensitive information must also be maintained. The Personio information provides further details on this. Make it clear to your employees that the same standards of conduct apply during the company outing as in everyday work to prevent misconduct and protect the integrity of the company.
Tax Benefits: How to Optimize Your Company Outing
A company outing also offers tax advantages that employers can utilise. Costs of up to 110 euros per employee and event, for a maximum of two events per year, can be claimed tax-free. This includes meals, travel expenses, and gifts. It's important to document the payroll tax treatment correctly to avoid issues during an audit. The works council's information provides further details. Take advantage of the tax benefits a company outing offers by claiming costs of up to 110 euros per employee and event (a maximum of two events per year) tax-free, and ensuring the payroll tax treatment is documented correctly.
There is a tax allowance of up to 110 euros per employee and event, for a maximum of two events per year. This amount considers meals, travel expenses, and gifts. It is crucial to document the costs correctly to claim the tax allowance. The works council's information provides further details. Carefully document all costs to optimally utilise the tax allowance of up to 110 euros per employee and event and reduce your tax burden.
The company outing is treated as a "customary benefit" under § 37b EStG. This is important for correct billing and documentation. Employers should familiarize themselves with applicable tax regulations to avoid mistakes. The works council's information provides further details. Thoroughly inform yourself about the tax regulations for company outings, especially the treatment as a "customary benefit" according to § 37b EStG, to ensure correct billing and documentation and to avoid potential errors.
Co-determination: How to actively involve your employees
The works council has no co-determination rights when organising a company outing. The decision lies solely with the employer. However, the works council is interested in ensuring that employees' interests are taken into account. It can provide advice and contribute to making the outing a positive experience for all involved. The principle of equal treatment must be upheld, and all employees fundamentally have the right to participate. The information from the Anwalt-Suchservice offers further details on this. Engage the works council in an advisory capacity during the planning to consider the employees' interests and ensure that the company outing becomes a positive and memorable event for everyone involved.
The works council has no co-determination rights in the organisation of a company outing. The decision lies solely with the employer. Furthermore, the works council has no co-determination rights regarding the counting of participation time as working hours. The works council's information offers further details on this. Even though the works council has no formal co-determination rights, you should inform them at an early stage and utilise their expertise to ensure broad acceptance and support for the company outing.
The principle of equal treatment states that all employees fundamentally have the right to participate in a company outing. Exclusion, even of exempt employees, is not permissible (Labour Court Cologne, judgement of 22.6.2017, Az. 8 Ca 5233/16). It is important that the employer ensures all employees have the opportunity to participate. The information from the Anwalt-Suchservice offers further details on this. Ensure the principle of equal treatment by guaranteeing that all employees, regardless of their position or employment status, have the opportunity to participate in the company outing to promote an inclusive and appreciative working environment.
The regular repetition of a company outing can potentially create a customary right. This means that employees might claim the right to a company outing if it takes place regularly. It is therefore important not to let company outings become a habit if you wish to retain the option to cancel them occasionally. The information from the Anwalt-Suchservice offers further details on this. Avoid the creation of a customary right by not allowing the conduct of company outings to become a fixed habit, enabling you to maintain flexibility to cancel them if necessary.
Checklist: How to Plan the Perfect Company Outing for Your Team
Organising a company outing requires careful planning and organisation. It is important to consider the needs of all employees, establish clear regulations, and communicate the event transparently. A checklist can help to keep an eye on all important aspects and ensure that the outing becomes a positive experience for everyone involved. Use our recommendations to optimally design your next company outing and benefit from the positive effects on your organisation. For more information on voluntariness, refer to our article. Utilise a detailed checklist to ensure you consider all important aspects when planning your company outing and create a positive experience for all participants.
The most important points when planning a company outing are the regulation of working hours, the voluntariness of participation, insurance coverage, and tax aspects. Clear communication and transparent regulations are essential. The Personio information offers further details on this. Concentrate on key aspects such as working hours regulation, voluntariness, insurance coverage, and tax benefits to organise a legally sound and satisfactory company outing for all involved.
Employers should plan and organise the company outing carefully. They should consider the needs of all employees and clearly define the start and end of the event. Transparent communication is essential here. The Tagewerk information provides further details on this. Plan the company outing carefully and consider the individual needs of your employees to achieve high acceptance and positive feedback. Define clear framework conditions and communicate transparently to avoid misunderstandings.
Employees should be aware of their own rights and obligations. In cases of uncertainty, they should communicate with the employer. It is important to be informed about the applicable regulations and to understand them. The Gründer information provides further details on this. As an employee, inform yourself about your rights and obligations in connection with the company outing, and seek a conversation with your employer in case of uncertainty to ensure a fair and transparent cooperation.
GoTuro: Incentive travel for unforgettable company outings
More useful links
The works council provides a glossary that explains the term company outing in the context of workplace co-determination.
Personio offers information in the HR glossary about company outings from a personnel law perspective.
Haufe explains the legal aspects of leave during company outings in the public sector.
DGUV provides information on occupational safety and health protection during company outings.
FAQ
Does a company outing count as working hours?
Yes, if the company outing takes place during regular working hours, it is considered working time and is paid accordingly. If it occurs outside regular working hours, participation is voluntary and generally not counted as working time.
Do I have to participate in a company outing?
No, taking part in a company outing is basically voluntary. No one can be forced to attend, especially if the outing is on a weekend or a day off.
What happens if I do not want to participate in the company outing?
If you do not wish to participate, you must carry out your work during regular working hours. The employer must provide you with an appropriate working environment.
Are part-time employees treated differently?
Part-time employees are only entitled to remuneration for the regular working hours they would normally work on a standard workday. Participation beyond this is voluntary.
Am I insured during the company outing?
Yes, statutory accident insurance generally covers accidents during the official part of the outing, as well as the journey to and from the event. However, private detours are not covered.
Are there tax benefits for the employer?
Yes, up to an amount of 110 euros per employee per event (a maximum of two events per year), the costs can be claimed tax-free.
Does the works council have a say in the planning of the company outing?
No, the works council has no formal co-determination rights regarding the execution of a company outing. The decision is solely up to the employer, but it is advisable to involve the works council in an advisory capacity.
What happens if the company is closed during the company outing?
If the company is closed, a mutually agreeable solution must be found for non-participating employees, such as paid leave.
