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Company outing under TVöD: Working hours or leisure activity? Know your rights!
Is a company outing considered working time? This question concerns many in the public sector. The Collective Agreement for Public Service (TVöD) sets out the framework conditions, but there is room for interpretation. Discover how to protect your rights and what obligations your employer has. Need support with proper implementation? Contact us for non-binding advice.
The topic, briefly and concisely
Company outings in the collective agreement for public sector employees (TVöD) promote team spirit and employee retention, while the voluntary participation and the working time regulations must be observed.
The correct remuneration during regular working hours and the consideration of the principle of equal treatment for part-time employees are essential to avoid legal disputes and to increase employee satisfaction.
The involvement of the staff council and transparent budget planning are crucial for the successful organisation and execution of company outings, which can lead to an increase in employee satisfaction by up to 20%.
Find out when a company outing counts as working hours under TVöD, what rights you have if you do not participate, and what the tax regulations are. Get informed now!
A company outing is far more than just an entertaining trip; it serves as an important tool to foster team spirit and enhance employee engagement. In the public sector, where the collective agreement for the public service (TVöD) sets the framework, there are specific regulations that both employees and employers should be aware of. This article provides you with a comprehensive overview of the legal aspects, time recording, and financial conditions of company outings within the scope of the TVöD. It is crucial to understand these specifics to both boost employee motivation and avoid legal pitfalls.
Why company outings are relevant in the public sector
A company outing is designed to break up the daily work routine and strengthen team collaboration. It offers a welcome change and can boost employee motivation. Especially in the public sector, where there is often high performance pressure, such measures are particularly important. Shared experiences outside of the workplace strengthen the sense of belonging and reduce stress. This contributes to creating a positive work environment and retaining employees in the long run. Investing in a well-organized company outing can therefore pay off in many ways.
Promotion of team spirit and employee engagement: Shared experiences outside the workplace strengthen the sense of belonging.
A break from the daily routine: A company outing offers a welcome change and can reduce stress.
Legal framework in the TVöD: What you need to know
The TVöD governs the working conditions and remuneration in the public service. It defines the rights and obligations of employees and employers. In relation to company outings, the regulations regarding working hours, remuneration, and participation are particularly relevant. It is important to know that the TVöD does not provide a direct entitlement to a company outing. Nevertheless, there are numerous aspects that need to be considered in planning and execution to avoid legal consequences. This includes, for example, compliance with the principle of equal treatment and consideration of the interests of the staff council. The TVöD applies to all employees in the public service who fall under its scope. This typically includes employees at federal, state, and local levels.
Company outing as working hours: Keep fair compensation in mind
A central aspect of organising company outings is the question of working hours and remuneration. In principle, a company outing is considered working time if it falls within regular working hours. This has implications for the remuneration of participating employees. It is crucial to handle time tracking correctly to ensure all employees are treated fairly. When a company outing takes place during regular working hours, it is generally regarded as working time. This means participating employees receive their regular pay for this time. However, it is important to note that this does not automatically lead to overtime pay. Correctly recording working hours is not only legally relevant but also important for employee motivation.
Regular working hours: Observe the employer's duty to pay
If the company outing falls within regular working hours, participation should be treated as normal working hours. Employees receive their usual pay and are not required to make up additional hours. This also applies to part-time employees, where the principle of equal treatment must be considered. The employer is obliged to compensate participating employees for the time of the company outing if it falls within regular working hours. However, it is important to clarify in advance whether and to what extent additional benefits, such as meals or activities, are covered. Transparent communication about remuneration arrangements and additional benefits helps to avoid misunderstandings and strengthens employee trust.
Special cases: Ensuring equal treatment of part-time employees
With part-time employees and overtime, there are certain peculiarities to be aware of. The principle of equal treatment plays an important role here in ensuring that all employees are treated fairly. It is also important to clarify whether and to what extent overtime will be compensated if the company outing extends beyond regular working hours. The principle of equal treatment stipulates that part-time employees must not be treated less favourably than full-time employees. This also applies to remuneration during a company outing. Part-time employees receive the same remuneration as full-time employees for the hours that the company outing falls within their regular working hours. It is crucial that the regulations regarding working hours and remuneration are transparent and comprehensible to uphold the principle of equal treatment.
Non-participants: Work obligation during regular working hours
Not all employees can or want to participate in a company outing. In this case, it is important that the employer establishes a clear policy on how to deal with these employees during regular working hours. In principle, there is a duty to work for non-participants, and the employer must assign them appropriate work tasks. Employees who do not participate in a company outing are generally required to attend to their regular work. The employer must ensure that these employees are kept occupied during working hours. The employer is obliged to assign appropriate work tasks to non-participants during regular working hours. This can include, for example, carrying out office work or handling projects. It is important that the tasks are meaningful and reasonable. Clear communication about the duty to work and the assigned tasks helps ensure a smooth workflow.
Ensure voluntariness: Preserve personal rights during company outings
Participation in a company outing is fundamentally voluntary. Each employee has the right to decide for themselves whether they wish to participate. This is an important aspect of personal rights to which every worker is entitled. It is crucial that employers respect this right and do not coerce employees into participating. Employers must not force employees to attend a company outing, especially if it is held outside of regular working hours. Such coercion would violate the employees' personal rights. Respecting these personal rights is not only a legal obligation but also a mark of appreciation towards employees.
Right to Decline: No Compulsion, Especially Outside Working Hours
Each employee has the right to decide for themselves whether or not they wish to participate in a company outing. There is no compulsion to participate, especially if the outing takes place outside regular working hours. This right is protected by the employees' personal rights. Employers must respect their employees' personal rights and accept their decision not to participate in a company outing. Employees should not face any negative consequences for choosing not to participate. Maintaining voluntariness is crucial for a positive work environment and employee motivation.
Holiday Entitlement and Sick Leave: Clear Rules for Non-Participants
Employees who do not participate in a company outing are not required to take a day off. They are expected to carry out their regular work duties. In the case of illness, a sick note must be provided, as with any other incapacity to work. It is important that employers clearly communicate these rules. Employees who do not join a company outing do not need to take a day off. They are expected to continue with their normal duties. The employer must assign them appropriate work tasks. In the case of illness, a sick note must be submitted, as with any other incapacity to work, and it must be presented to the employer without delay. Transparent communication about the rules regarding holiday entitlement and sick leave helps prevent misunderstandings and ensures a smooth workflow.
Consequences of Non-Participation: Avoiding Disadvantages
Employees should not face any negative consequences for not participating in a company outing. The employer should maintain open communication and accept the employees' decision. It is important to avoid disadvantages and promote a positive work environment. Employees must not suffer negative consequences for not attending a company outing. The employer should ensure that these employees are not disadvantaged. It is vital to cultivate a positive work environment and appreciate employees. Avoiding disadvantages and fostering a positive work environment are crucial for employee satisfaction and long-term commitment to the company.
Budget for company outings: Transparent funding for fair cost distribution
The financing and budgeting of company outings in the TVöD are important aspects that need to be carefully planned and communicated transparently. As company outings are considered voluntary benefits provided by the employer, there are certain approval requirements, particularly in municipalities with budgetary safeguarding concepts. It is crucial to ensure a fair distribution of costs and consider the tax implications to avoid unnecessarily burdening both the employer and the employees. As company outings are viewed as voluntary benefits by the employer, it is vital that the decision to organise an outing aligns with the financial capabilities of the company. It is advisable to conduct a cost-benefit analysis in advance. Transparent presentation of financing and budgeting is key for employee acceptance of the company outing.
Voluntary Benefits: Consider Approval Requirements in Municipalities
Company outings are typically voluntary benefits offered by the employer. This means there is no legal entitlement to a company outing unless there is a company practice. In municipalities with budgetary safeguarding concepts, company outings often require approval as they are considered additional expenses. In such municipalities, company outings often need to be approved by the competent authority. It is important to be informed about the relevant regulations in advance. Adhering to approval requirements is crucial for the legally compliant execution of a company outing.
Cost Distribution: Transparent Communication for All Involved
The costs for a company outing can be borne by the employer, the employees, or both parties jointly. Transparent communication of the costs is essential to avoid misunderstandings. It is also important to consider the tax implications, as some costs may be tax-deductible. There are various ways to finance company outings. The employer can cover all costs, employees can contribute to costs, or a mixed approach can be taken. The choice of financing method depends on the financial capabilities of the company and employee preferences. Transparent communication of the costs is crucial to prevent misunderstandings. The employer should inform employees in advance about the expected costs and clarify which costs will be covered by the company and which will be borne by the employees. Transparent communication of cost distribution is essential for gaining employee acceptance of the company outing.
Tax Aspects: Make Optimal Use of Allowances and Document
For company outings, there are specific tax aspects to consider. For instance, there is a tax allowance of 110 euros per participant and event. It is important to be aware of the relevant regulations and document the costs accordingly to claim the tax allowance. The documentation and proof requirements towards the tax office are of great importance in this context. There is a tax allowance of 110 euros per participant and event. This means the employer can spend up to 110 euros per employee for a company outing tax-free. If the costs exceed this amount, the excess is taxable. Proper documentation of the costs is required to claim the tax allowance. The employer must prove to the tax office that the expenses were indeed incurred for the company outing and that the tax allowance has not been exceeded. A participant list is very helpful in this regard. Correctly considering the tax aspects and careful documentation are crucial to minimising the tax burden.
Ensure accident prevention: Minimize risks and protect employees
The accident insurance coverage during a company outing is an important aspect that is often overlooked. In principle, there is a statutory accident insurance coverage during the event and on the way to work. However, there are also exclusions and limitations that must be taken into account. A private accident insurance can be a sensible addition to cover risks not included in the statutory protection. During a company outing, there is fundamentally a statutory accident insurance coverage. This means that accidents occurring during the event or on the way to work are covered by the statutory accident insurance. However, it is important that the event meets certain criteria to ensure insurance coverage. Ensuring accident insurance coverage is not only a legal obligation but also a sign of care towards employees.
Statutory Protection: Covering Accidents During the Event and Journey to Work
The statutory accident insurance covers accidents that occur during the event or on the way to work. This includes, for example, accidents during sporting activities, eating, or traveling to and from the event location. However, it is crucial that the event is related to professional activities. To ensure insurance coverage, it is important that the start and end of the event are clearly defined. This helps set the period during which statutory accident insurance coverage exists. The employer should inform employees in advance about the exact schedule. The clear definition of the start and end of the event is essential for ensuring insurance coverage.
Exclusions and Limitations: Avoid Alcohol Abuse and Negligence
There are certain exclusions and limitations to the insurance coverage. For instance, accidents caused by alcohol abuse or gross negligence are generally not covered by statutory accident insurance. Family members attending the event are also typically not insured. Accidents caused by alcohol abuse or gross negligence are generally not covered by statutory accident insurance. Employers should inform employees in advance about the risks of alcohol abuse and gross negligence. Family members participating in the event are generally not covered by statutory accident insurance. Employers should inform employees beforehand that they need to ensure adequate insurance coverage for their family members themselves. Awareness of the exclusions and limitations is crucial for avoiding risks and ensuring comprehensive protection.
Private Accident Insurance: Additional Protection for All Participants
A private accident insurance can be a sensible addition to statutory accident insurance coverage. It provides additional protection for accidents not covered by statutory accident insurance. Family members can also be included in the private accident insurance. It is recommended to take out a private accident insurance to cover risks not captured by statutory accident insurance coverage. Private accident insurance provides additional protection for accidents caused, for instance, by alcohol abuse or gross negligence. It also covers risks beyond statutory protection. This includes accidents that occur during private activities during the company outing. Private accident insurance thus offers comprehensive protection for all participants. The private accident insurance provides an additional layer of protection beyond the statutory framework.
Involve the staff council: Employee interests for successful company outings
The involvement of the staff council in the planning and implementation of company outings is of great importance. The staff council has rights to information and co-determination and should be included in the planning process at an early stage. This serves to consider the employee interests and ensure that the company outing meets the needs of the employees. The question of whether a company practice has been established through long-term implementation can also be relevant. The staff council should be involved early in the planning and implementation of company outings. It is entitled to be informed of all relevant aspects and express its opinion. The consideration of employee interests is crucial in this context. Early involvement of the staff council is essential for the successful planning and implementation of company outings.
Rights to information and co-determination: involve the staff council early
The staff council has rights to information and co-determination in the planning and implementation of company outings. It is entitled to be informed of all relevant aspects and express its opinion. The employer is obliged to inform the staff council in a timely and comprehensive manner. The consideration of employee interests is of central importance. The staff council should represent the employees' interests and ensure that the company outing meets their needs. This can be done, for example, through a survey of the employees. The exercise of the staff council's rights to information and co-determination is crucial for considering employee interests.
Company practice: examine the claim through long-term implementation
A company practice can arise through long-term, regular implementation of company outings. This means that employees may have a claim to the implementation of a company outing, even if this is not explicitly agreed in the employment contract. However, the legal evaluation and the limits of company practice are disputed. An entitlement to the implementation of a company outing can arise through long-term, regular implementation, but only if the employees were allowed to trust that the company outing would also take place in the future. However, the legal evaluation is disputed. The examination of the company practice is crucial for clarifying employees' claims.
Conflict resolution: know contacts and escalation routes
In case of problems and disagreements related to company outings, there are various contacts. Employees can turn to the staff council, their supervisor, or the HR department. There are also escalation routes and legal steps that can be initiated if necessary. In case of problems and disagreements related to company outings, there are various contacts. Employees can turn to the staff council, their supervisor, or the HR department. It is important that employees know whom they can contact. Knowing the contacts and escalation routes is crucial for the quick and effective resolution of problems.
Enhancing Employee Satisfaction: Sustainable Corporate Outings for the Future
The organization of company outings faces current challenges, particularly with regard to austerity measures and budget cuts. Nevertheless, it is important to recognize the value of employee satisfaction and motivation and to find creative solutions to continue offering attractive company outings in the future. Sustainability and regionality are playing an increasingly important role. Austerity measures and budget cuts can significantly constrain the organization of company outings. It is essential to find creative solutions to create attractive offerings even with limited resources. This can be achieved, for example, through collaboration with local providers or by organizing cost-effective activities. Considering employee satisfaction and seeking sustainable solutions are crucial for the future viability of company outings.
Austerity Measures: Finding Creative and Cost-Effective Alternatives
Austerity measures and budget cuts can significantly constrain the organization of company outings. It is important to involve employees in planning and to collaboratively seek creative solutions. This can be achieved, for instance, by organizing cost-effective activities or through collaboration with local providers. There are many creative solutions and alternative offerings to design attractive company outings even with limited resources. This can include teambuilding exercises, organizing hikes, or participation in local events. Employees should be involved in planning to consider their interests. Finding creative and cost-effective alternatives is vital for organizing company outings despite limited resources.
Employee Appreciation: Enhancing Workplace Atmosphere through Positive Experiences
The appreciation of employees through company outings has positive effects on the workplace atmosphere and employee satisfaction. Company outings are a way to thank employees for their performance and to boost their motivation. This leads to greater willingness to perform and better teamwork. The appreciation of employees through company outings is an important factor for employee satisfaction. Company outings provide an opportunity to thank employees for their performance and boost their motivation. This results in greater willingness to perform and better teamwork. Company outings positively impact the workplace atmosphere. Shared experiences outside the workplace enhance the sense of belonging and improve communication. This results in a better working environment and higher employee satisfaction. Investing in employee appreciation through company outings pays off in terms of a positive workplace atmosphere and increased employee satisfaction.
Trends: Focusing on Sustainability and Teambuilding
In the realm of company outings, there are various trends and developments. These include the increasing importance of sustainability and regionality as well as the focus on teambuilding activities and experience-oriented offerings. It is crucial to consider these trends to continue offering attractive and contemporary company outings in the future. Sustainability and regionality are playing an increasingly significant role in planning company outings. There is a growing emphasis on conducting environmentally friendly activities and supporting local providers. This contributes to environmental protection and fosters the local economy. Teambuilding activities and experience-oriented offerings are a significant part of modern company outings. They aim to strengthen teamwork and motivate employees. This can be achieved by participating in outdoor activities, escape rooms, or cooking classes. Considering sustainability and teambuilding is crucial for designing attractive and contemporary company outings.
Planning a company outing: Checklist for smooth organization
Planning a company outing requires careful preparation and organisation. A checklist can help you consider all important aspects and ensure a smooth process. From setting the budget and choosing activities to informing employees – structured planning is crucial to the success of the company outing. Careful planning and organisation are key to a successful company outing. A checklist helps you consider all important aspects and ensure a smooth process. The structured planning is essential for the success of the company outing and employee satisfaction.
Set a budget: Define financial parameters
An important first step in planning a company outing is setting the budget. Determine what financial resources are available and how the costs should be divided. Also, consider possible subsidies or grants. Setting the budget is an important first step in planning a company outing. Determine what financial resources are available and how the costs should be divided. Also, consider possible subsidies or grants. Clearly defining the financial parameters is crucial for realistic planning of the company outing.
Select activities: Consider employee interests
The choice of activities and venue should reflect the interests of the employees. Ask in advance what wishes and ideas they have. Ensure that the activities are varied and suitable for all participants. The choice of activities and venue should reflect the interests of the employees. Ask in advance what wishes and ideas they have. Ensure that the activities are varied and suitable for all participants. Considering employee interests when selecting activities is crucial for participant satisfaction.
Inform employees: Gather feedback and consider wishes
Inform employees early about the planned company outing and gather feedback. This gives employees the opportunity to actively participate and express their wishes. Open communication helps ensure that the company outing is a complete success. Inform employees early about the planned company outing and gather feedback. This gives employees the opportunity to actively participate and express their wishes. Open communication helps ensure that the company outing is a complete success. Early employee information and gathering feedback are crucial for the successful planning and execution of the company outing.
Unforgettable experiences: Score with company outings now!
More useful links
In the Federal Ministry of Labour and Social Affairs (BMAS), you will find information on employee motivation and measures to promote team spirit.
The German Social Accident Insurance (DGUV) provides vital information on accident prevention during company outings, aimed at minimizing risks and protecting employees.
The German Economic Institute (IW) offers analyses on corporate culture, providing insights into the importance of company outings.
At the Federal Labour Court (BAG), you can find relevant rulings on employment relationships within companies, which may also touch upon aspects of company outings.
The Economic and Social Science Institute (WSI), part of the WSI's publishing Boeckler Research Institute, offers studies on employee motivation and its impact on workplace climate.
The Federal Statistical Office (DESTATIS) provides data on public sector employment, which may be relevant in the context of company outings.
Wikipedia offers a general overview of the topic of company outings and their significance.
FAQ
What should be considered regarding timekeeping during a company outing under the TVöD?
A company outing is generally considered working time if it takes place during regular working hours. Remuneration is provided accordingly, but overtime is usually excluded since participation is voluntary.
Do employees have to participate in a company outing?
No, participation is voluntary. Employees cannot be forced to participate, especially if the outing takes place outside regular working hours. This is protected by personal rights.
What happens if an employee does not want to participate in the company outing?
Employees who do not participate are required to fulfil their regular work obligations if the outing occurs during their normal working hours. The employer must assign appropriate work tasks.
How are part-time employees treated during company outings?
The principle of equal treatment must be observed. Part-time employees receive the same pay as full-time employees for the hours during which the company outing overlaps with their regular working hours.
Is there a right to a company outing under the TVöD?
No, the TVöD does not directly entitle employees to a company outing. However, a company practice might be established if outings have been held regularly over many years.
What tax aspects need to be considered during company outings?
There is a tax-free allowance of 110 euros per participant and event. The costs must be documented accordingly to claim the tax exemption.
Are accidents during a company outing covered by statutory accident insurance?
Yes, there is generally statutory accident insurance coverage during the event and on the way to and from work. Exclusions apply in cases of alcohol abuse or gross negligence.
What role does the staff council play in planning company outings?
The staff council has rights to information and co-determination and should be involved early in the planning process to consider employee interests.
